Statutes of Newfoundland and Labrador 2018 Chapter 35

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-11
as amended

1. Paragraph 2(1)(o) of the Workplace Health, Safety and Compensation Act is repealed and the following substituted:

(o) "injury" means

(i) an injury as a result of a chance event occasioned by a physical or natural cause,

(ii) an injury as a result of a wilful and intentional act, not being the act of the worker,

(iii) disablement,

(iv) industrial disease, or

(v) death as a result of an injury

arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is a reaction to a traumatic event or events;

2. The Act is amended by adding immediately after section 92.5 the following:

PART VII.2
PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER

Post-traumatic stress disorder presumption

92.6 (1) In this Part,

(a) "post-traumatic stress disorder" means post-traumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

(b) "psychiatrist" means a medical doctor who

(i) has completed a residency in psychiatry,

(ii) has been certified by the Royal College of Physicians and Surgeons of Canada,

(iii) is registered with the licensing board in the jurisdiction in which he or she practices, and

(iv) whose registration is not suspended, cancelled or withdrawn; and

(i) holds a master's or doctorate degree in psychology,

(ii) is registered with the licensing board in the jurisdiction in which he or she practices, and

(iii) whose registration is not suspended, cancelled or withdrawn.

(2) Where a worker

(a) is exposed to a traumatic event or events in the course of the worker's employment; and

(b) is diagnosed with post-traumatic stress disorder by a psychiatrist or a registered psychologist,

the post-traumatic stress disorder shall be presumed, unless the contrary is shown, to be an injury that arose out of and in the course of the worker's employment.

(3) Notwithstanding subsection (2), post-traumatic stress disorder that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury.

Application

92.7 The presumption in section 92.6 applies to injuries occurring on or after July 1, 2019.

Commencement

3. This Act comes into force on July 1, 2019.