Promoting Justice for Correctional Manager: How Our Legal Expertise Led to a Significant Increase in NEL Benefits

At RCR Legal Services Professional Corporation, we are dedicated to advocating for the rights of injured workers. Our recent success in the case of a correctional manager's Non-Economic Loss (NEL) award for Post-Traumatic Stress Disorder (PTSD) exemplifies our commitment to ensuring fair compensation for our clients.

Case Background

In March 2017, our client, a 54-year-old Correctional Manager, claimed a mental stress injury resulting from his employment. After 30 years of dedicated service at a correctional facility, he was diagnosed with PTSD, with the injury dated back to December 29, 2016. Initially, the WSIB awarded him a 10% NEL for his PTSD impairment, which was later increased to 15% following a recurrence. However, we believed this assessment underestimated the true impact of his condition.

Our Advocacy and the Tribunal's Decision

Our team, led by Bruce Zevallos, argued that the worker's impairment was more severe than initially assessed. We presented compelling medical evidence indicating that his psychological condition warranted a higher classification within the WSIB's rating schedule. Our efforts resulted in Vice-Chair K. Iima of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) accepting our proposition that the worker's NEL benefit was underestimated.

After thorough review and consideration of the evidence, the Tribunal agreed with our assessment, increasing the worker's NEL award from 15% to 35%. This decision reflects a recognition of the moderate impairment the worker experiences, which includes symptoms such as diminished stress tolerance, emotional withdrawal, and significant impact on social functioning.

Why Legal Representation Matters

This case highlights the importance of experienced legal representation in navigating the complexities of WSIB claims. Our knowledge of the law, coupled with a strategic approach to presenting evidence, was instrumental in achieving a just outcome for our client. We ensured that the worker's rights were upheld and that his compensation accurately reflected the severity of his condition.

Conclusion

At RCR Legal Services Professional Corporation, we are committed to fighting for the fair treatment of injured workers. Our successful appeal in this case underscores our dedication to securing the benefits our clients deserve. If you or someone you know is facing challenges with a WSIB claim, our team is here to provide the expert guidance and advocacy needed to navigate the system effectively.