PTSD from Sexual Assault by Boss at Home Wasn’t Work-Related
A deputy sheriff said her boss came to her home and sexually assaulted her there. She filed a worker’s comp claim for PTSD resulting from the assault, but the claim was denied. She appealed. But the Appeals Tribunal also concluded that the incident that caused her PTSD wasn’t work-related. The evidence supported the deputy’s claim that she was sexually assaulted by her boss in her home. But her injury didn’t arise out of and in the course of her employment because the meeting with her boss hadn’t been planned to discuss work-related issues; she was at home on her day off and not doing something for her employer’s benefit; and although her boss was wearing his uniform at the time, there was no indication that he was at her home for work-related reasons [2014-363-AD (Re),  CanLII 4004 (NS WCAT), Jan. 27, 2017].