- Psychotraumatic disability
- Permanent impairment {NEL}
- COVID-19 (long)
The worker contracted COVID-19 at work in April 2020 and experienced ongoing symptoms including headaches, numbness, cognitive impairment, anxiety, and depression, consistent with post-COVID syndrome. The WSIB initially denied ongoing benefits after June 1, 2020, based on a negative COVID test, but the worker appealed this decision.
The Panel allowed the appeal.Multiple medical reports described the worker's symptoms as consistent with Long COVID, including neurological and psychiatric assessments. The Tribunal's Medical Assessor concluded the worker's symptoms most likely represented post-COVID syndrome with both organic (physiological) and non-organic (psychological) components. The Medical Assessor opined that the worker's ongoing symptoms were causally related to the workplace COVID-19 infection, rejecting the WSIB's position that symptoms ended with a negative COVID test. He noted that some symptoms may evolve independently but that COVID-19 remained the key causal factor. The Panel granted ongoing entitlement for post-COVID syndrome including both organic and psychotraumatic disabilities, recognizing symptoms such as anosmia/parosmia, paresthesia, anxiety, depression, cognitive dysfunction, and fatigue. The worker is also entitled to full loss of earnings benefits from June 1, 2020, subject to statutory reviews. The worker had sustained permanent organic impairments (parosmia and paresthesia) and psychotraumatic disability with an MMR date of October 19, 2021. The Panel referred the quantum of non-economic loss (NEL) awards for these impairments to the WSIB for assessment. The Panel considered the WSIB's Practice Document on rating post-COVID conditions, which outlines the use of AMA Guides for organic impairments and OPM Document No. 18-05-11 for psychotraumatic and mild symptoms. The Panel reviewed submissions from TCO counsel and found that the worker's organic symptoms should be rated under the AMA Guides, while psychotraumatic symptoms and mixed symptoms are rated under OPM 18-05-11 to avoid duplication. Some unusual symptoms such as visual hallucinations and delusional thinking are recognized as compensable but not fully ratable under AMA Guides. The Panel noted recommendations for further testing to rule out other conditions like adrenal insufficiency or sleep apnea that could affect impairment ratings.