Waterloo region paramedics denied WSIB claims for COVID-19: Union

A number of paramedics in Waterloo region who contracted COVID-19 have been denied Workplace Safety and Insurance Board (WSIB) claims — despite having been in close contact with COVID-positive patients, says the union that represents them.

Luke McCann, president of Canadian Union of Public Employees (CUPE) local 5191 and a paramedic himself, says two paramedics were recently denied claims. Both had tested positive for COVID-19 and both had been in contact with COVID-positive patients.

Their employer, the Region of Waterloo, and the WSIB maintained the paramedics couldn't have caught COVID-19 at work because they were wearing personal protective equipment (PPE).

"These members were quite upset and feeling like they weren't supported," McCann said, noting PPE isn't bulletproof.

McCann says one of the two paramedics was told late Wednesday afternoon the decision on her claim had been reversed and she would in fact be eligible for benefits from the WSIB.

McCann told CBC News on Thursday it was unclear why WSIB reversed its decision, but it came after the union approached news outlets and made posts on social media with concerns about how the paramedics were being treated.

He said the union hasn't yet heard if the second denied claim will be reversed. If not, the union is ready to appeal. 

Workplace exposure

McCann said when healthcare workers are diagnosed with COVID-19, it should be presumed they caught the virus at work. 

"This isn't just, you know, in my opinion, about two paramedics. This is about all frontline healthcare workers," he said. "That due to the nature of our work, this is valid and we shouldn't have to argue this."

In a statement, the region said it would not comment.

"The employer does not make decisions in relation to entitlement to WSIB benefits. The WSIB makes these determinations independently," the statement said.

Denied claims being reviewed

A spokesperson for WSIB said Thursday that it has approved six COVID-related claims from paramedics in Waterloo region. It said five COVID-19 related claims have been denied "almost all because of negative or no COVID-19 test."

The WSIB also said it had fewer than five COVID-related claims currently pending a decision.  

"We are currently reviewing any claims from Kitchener-Waterloo paramedics related to COVID-19 with a positive test result that were not previously approved," public affairs manager Christine Arnott said in an email.

She also noted fewer than five police officers in the region have had their COVID-19 claims approved. None are pending or were denied.

Risk at work

A WSIB Q&A provided by Arnott also noted that, "for a COVID-19 claim to be allowed, evidence must show that the person's risk of contracting the disease through their employment is greater than the risk to which the public at large is exposed and that work significantly contributed to the person's illness."

"To determine the work-relatedness of COVID-19 claims, the WSIB will look at details such as the person's employment activities, their symptoms and whether they have a diagnosis of COVID-19."

The WSIB said it "does not provide coverage for people who are symptom-free without a COVID-19 diagnosis, even when quarantined or sent home on a precautionary basis. However, should someone who is symptom-free develop symptoms or illness while on quarantine, they may be eligible for WSIB coverage."

'It's unacceptable'

NDP MPP Wayne Gates introduced Bill 191 in May to amend the Workplace Safety and Insurance Act to deal with such situations. 

"If a worker for an essential business receives a positive test for the disease known as COVID-19, the disease is presumed to be an occupational disease that occurs due to the nature of the worker's work, unless the contrary is shown," the bill proposes.

In a statement this week, Waterloo NDP MPP Catherine Fife and Kitchener Centre NDP MPP Laura Mae Lindo supported the call for paid sick days and WSIB coverage for frontline workers during the pandemic.

"It's unacceptable to deny WSIB claims to workers who we know are doing everything possible to stay safe but are being exposed to COVID-19 through their life-saving work," Lindo said in a release.