Cites 'strong communications, pressure, and expectations' for staff to be vaccinated
The Appeals Commission for Alberta Workers’ Compensation recently dealt with a worker who claimed workers’ comp after experiencing an acute reaction, specifically a peripheral vestibular disorder, following the COVID-19 vaccination.
The worker, who worked as an administrative assistant at a health centre, received her first vaccination on January 21, 2021, during work hours.
She experienced minor side effects. Later, she received her second vaccination on February 16, 2021, also at work. After this vaccination, she started feeling unwell and sought medical attention. Her diagnosis revealed peripheral vestibular disorder.
In June 2022, the worker filed a claim with the Workers' Compensation Board (WCB) stating that her condition was a result of an acute reaction to the vaccination. The Worker's Report of Injury was completed on October 18, 2022.
On July 5, 2022, an adjudicator from the WCB denied the worker's claim. The decision was confirmed by a supervisor and then referred to the Dispute Resolution and Decision Review Body (DRDRB) for further review.
The DRDRB upheld the decision to deny the worker's claim on November 16, 2022. And so, the Commission dealt with the appeal.
Background of the case
The worker got both doses of the COVID-19 vaccine. The first one was administered on January 16, 2021, and she only experienced mild discomfort and dizziness afterward.
The second dose was given on February 16, 2021, and two days later, she started experiencing side effects like nausea, vomiting, and visual distortions. Eventually, she was diagnosed with peripheral vestibular disorder, and her doctors believe it was linked to the vaccine.
According to the worker's representative, she received these vaccinations towards the end of her shift at her workplace, and she was being paid for it.
At the time, she was working on the front lines in the public health department, where her duties included greeting clients and assisting with COVID-19 vaccine administration and testing.
The records revealed that the vaccination was not mandatory when the worker received the second dose in February 2021. However, she pointed out that the employer kept changing the deadline for when vaccinations would become required.
Initially, it was set for August 31, 2021, then moved to October 31, 2021, and finally to November 30, 2021.
The representative argued that this constant shifting of the mandatory date made any denial based on it unreasonable. Regardless, the representative highlighted that the employer strongly encouraged workers to get vaccinated before the mandatory date.
They were provided with access to vaccinations at their workplace and during their shifts, and they were paid for the time they spent receiving the vaccinations.
There were “strong communications, pressure, and expectations” of employees, especially those on the front lines, like the worker, to get vaccinated before this period. This was further supported by letters from co-workers that have been submitted as additional evidence.
“In getting the vaccine, as encouraged by her employer during work hours, the worker was acting in accordance with the obligations and expectations of employment. In her view, this satisfies the criteria for the worker’s condition to be compensable,” the case noted.
The Commission’s consideration
“Based on the evidence, at the time of the worker’s second vaccination in February 2021, the COVID-19 vaccine was not mandatory,” the Commission highlighted in its decision.
However, it also said that it has “insufficient information to determine whether the worker has an acceptable claim for an acute reaction (peripheral vestibular disorder) to the COVID-19 vaccine.”
Thus, it ordered for the case to be brought back to the WCB for further investigation, with the following instructions:
- Gathering relevant information from the employer regarding the worker’s job duties at the time of her COVID-19 vaccination and the employer’s communications and expectations with respect to employees being vaccinated, even prior to the date the vaccine became mandatory;
- Obtaining all relevant medical reporting from the doctors the worker saw regarding her symptoms and condition;
- Asking the worker’s ENT to address whether it is medically reasonable that the worker’s condition was caused by the COVID-19 vaccine;
- If warranted, seeking WCB medical review of all medical information gathered on the file for the purpose of assessing whether it is medically reasonable that the worker’s condition was caused by the COVID-19 vaccine; and
- Reviewing the information gathered and re-adjudicating whether the worker has an acceptable claim in light of all of the information gathered and the general claim acceptance policies.
