Good news from WCIRS
Just wanted to offer some good news and hope to people going through the appeals process. I had a psych injury initially rejected, after the private investigator did some questionable things, my employer undermined the investigation, and managers made false statements. Even though the IME was supportive (and from a notoriously rough IME too). Conciliation did not do much, though the WIC member did prevent my employer from intimidating me and getting access to personal information they might misuse.
WCIRS reviewed the claim including the additional evidence I provided like witness statements. Even though they took the false/defamatory statements from my employer at face value, they still found that the decision wouldn't be upheld in court, and directed the insurer to change the decision. So, it is possible to prove that bullying or discrimination cause injury and that kind of behaviour isn't a "typical workplace stressor".
It's been 9-10 months since the first decision so it's been long and really difficult - financially, mentally, feeling gaslit. Nearly did me in a few times. But some good news at last.
I've also had some good discussions with WorkSafe about the PI's behaviour, in particular the danger they put me in and the inappropriateness of what they included in the circumstance report given my employer could potentially see it. Really recommend you report any overstepping / out of scope surveillance you endure. And OVIC have investigated privacy breaches that have happened through the process, which have been really harmful and also caused safety issues. It doesn't change what's happened, but it's validating to have a Commissioner tell your employer to pull their head in and follow the law.
Just wanted to offer some hope to everyone still battling the system. I didn't have a lawyer, but a fair decision was made in the end anyway.