Durham, Ontario, police officers with PTSD say service fights against their workplace benefits

Several Durham Region police officers suffering from post-traumatic stress disorder (PTSD) say the service is compromising their recovery by fighting their access to mental health benefits in the workplace.

Chief Peter Moreira said the service challenges very few Workplace Safety Insurance Board (WSIB) claims and is done only to get more information about the employee’s case.

Follow the release of officials’ accounts six year report The Ontario Civilian Police Commission found, in part, that the Durham Regional Police Service (DRPS) had vigorously opposed “almost every” PTSD application by officers to the WSIB.

That report was released through a Freedom of Information request and was heavily redacted so it does not include details about the officers’ testimony.

While the report is based on an investigation that began in 2019, five of the six officials who spoke to CBC News say the service has continued to regress under Moreira, who becomes chief in March 2023.

“We’re helping people when it comes to what side the police are on. I thought I would get the same help, but I didn’t,” Connor said.

CBC News is using pseudonyms to protect all officers whose WSIB claims are pending at this time.

According to DRPS data, the service has submitted objection forms for about 10 percent of all WSIB claims since 2023, the majority of which are mental health-related, but rarely are those objections escalated to formal appeals.

Six officers CBC News spoke with appealed their cases, and three of them are now in the formal appeals process.

A WSIB spokesperson said there are a number of ways employers can obtain information about an employee’s categoryI think there is no need to challenge it.

But Moreira said the provincially run system is plagued with delays, so the service files objections to get timely access to more information.

“There is no other mechanism by which, as an employer, we can get any information regarding how the injury occurred, how we can best support it, and how we can prevent it from happeningYes, to someone else,” He said in a one-on-one interview at police headquarters.

Officers suffering from PTSD describe inability to recover

When the WSIB approved Stephen’s PTSD claim, he said he was struggling with anger, sadness, and recurring nightmares. He felt cut off from his family and friends. He also received a diagnosis of PTSD from his psychologist and the Center for Addiction and Mental Health (CAMH).

But DRPS appealed.

“It makes you feel worthless when you’ve put so much into your employer and you’ve been so loyal,” Stephen said. “It’s surreal. It’s infuriating.”

Nearly all the officers interviewed by CBC News said they felt betrayed when DRPS disputed their claims. After years of dedicated service – including, in many cases, responding to traumatic events that caused their PTSD – some felt that DRPS was calling them liars.

Many said the service’s response had slowed their recovery. They described difficulty sleeping and said their loved ones often bore the brunt of his mood swings.

“I never had a time (since I’ve been off) where I could say I was able to recover,” Kevin said. “Every time I get a little better, DRPS will do something.”

What’s especially frustrating, officials say, is that the service pushes back claims despite medical evaluations. This includes diagnosis, but also a conclusion as to whether they are suitable to return to work.

Many say they underwent medical evaluations from institutions like CAMH and Trillium Health Partners — multiple times, only to have the DRPS challenge their claims.

“Why are they not trusting independent professionals who are trained in this or think they know better?” Kevin said.

Appeal ‘absolutely devastating’: Psychologist

DRPS has provided data that shows 102 members are currently not at work and receiving WSIB benefits. Most people shy away from mental health claims.

The service said it received 623 WSIB claims from 2023 to 2025, the majority of which related to mental health. DRPS filed objection forms for 60 claims and then continued formal appeals for 14 of those claims.

CBC News has asked the DRPS how many appeals are successful.

Michelle Zere, a Hamilton-based paralegal who specializes in first responder claims, said employers can appeal WSIB decisions at almost every step in an employee’s case — from initial clearance to return-to-work decisions.

When an employer files an objection form, the employer gets the employee’s case file, Zere said. This may include doctors’ notes, psychological evaluations and progress notes, and even notes from psychological treatment sessions.

“Whether they proceed with a formal appeal beyond that stage or not, they have already called you in for questioning,” he said.

Luke Hammer, a Toronto-based employment lawyer who represents employers in the WSIB process, said employers are not required to provide any reasoning when submitting an objection form.

This lack of explanation may be detrimental to some officials.

Sean O’Brien has treated DRPS members for nearly 30 years. He said objections without reason are “absolutely devastating” to the mental health of his patients, who suffer significant and disabling traumatic mental stress injuries.

Key points of WSIB delay

Moreira said the service needs to object to receiving information it is not receiving from the WSIB in a timely manner.

“It is not the organization’s intention to re-aggravate any member’s injury, but there are very few steps we can take, and only in those rare cases do we exercise those powers,” he said.

Under the WSIB system, workers or employers can request a Functional Capacity Form, which outlines the employee’s abilities and restrictions before returning to work. But Moreira said it could take years to get this form.

He said he feels the WSIB system has been unable to effectively handle PTSD claims from the provincial level Law passed in 2016. Since then, first responders have been able to faster apply and be granted WSIB benefits once they are diagnosed because their PTSD is considered work-related.

“The WSIB presumptive law was never designed to deal with the situations we face today,” Moreira said. “There are many shortcomings, including capacity gaps.”

WSIB says employers can request ongoing updates

Employers can request updates about an injured employee directly from a WSIB case manager, said WSIB spokesperson Christine Arnott. This includes updates on the worker’s functional abilities or “impairment level,” he said in an emailed statement.

He said WSIB response times vary according to the method of contact: within 24 hours for phone inquiries, within two business days for online messages, and within 10 business days for letters.

“Throughout the claim period, employers can communicate directly with the case manager to discuss the incident, learn how to best support the individual in their recovery, and receive updates on functional abilities and return to work recommendations when appropriate,” Arnott said.

While Moreira pointed out the limitations of the WSIB system, Stephen said he only blames DRPS for harming them.

“WSIB has helped me a lot. Durham Regional Police has not,” he said.

CBC News contacted DRPS board chair and Ajax Mayor Shawn Collier for this story, but he declined to be interviewed.

Andrew Tummonds, president of the Durham Regional Police Association, also declined an interview. In a statement, they said the association is “deeply concerned about the impact of ongoing employer challenges on mental health claims, including impairing members’ ability to recover from injuries and, in some cases, preventing or delaying members from returning to work.”

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