De Jesus v British Columbia (Workers’ Compensation Appeal Tribunal)
Workers’ Compensation Appeal Tribunal
Law Firm / Organization
Not Specified
Lawyer(s)

T. Martiniuk

Providence Health Care Society
Law Firm / Organization
Not Specified
Lawyer(s)

C. Wong

Noeleen De Jesus
Law Firm / Organization
Not Specified
Lawyer(s)

D. Sabelli

In the case of De Jesus v British Columbia (Workers’ Compensation Appeal Tribunal), petitioner Noeleen De Jesus sought judicial review of respondent Workers Compensation Appeal Tribunal (WCAT) decision (decision no. A2000955) dated February 19, 2021, which denied her compensation for a mental disorder. Ms. De Jesus, a care aide at a residential care facility, experienced inappropriate touching incidents by a resident with dementia. She did not report the incidents due to the resident's cognitive and mental health issues. Subsequently, Ms. De Jesus had a heated meeting with her supervisor, leading to disciplinary action. She filed a claim for compensation for a mental disorder with the Workers’ Compensation Board (WorkSafeBC), which was initially denied. After further investigation, the Board denied the claim again. WCAT upheld the denial, stating that the incidents were not traumatic events and were not the primary cause of Ms. De Jesus' mental disorder. Instead, her reaction to the workplace management's legitimate exercise of authority was deemed the predominant cause. Ms. De Jesus challenged the WCAT Decision, claiming it was patently unreasonable, specifically concerning the assessment of the traumatic nature of the incidents and their significance as work-related stressors. The court subsequently ruled to dismiss Ms. De Jesus's petition. No specific information regarding a financial award had been provided in the case.

Supreme Court of British Columbia
S214901
Labour law
Respondent