However, some were only meant for short-term use and had adverse side effects. By 2009, the worker stopped taking most of the drugs he had been prescribed and, by the time of the CAMH assessment, he was relying on counselling sessions, prescribed medical medications, and trauma therapy from his treating physician.

In 2015, the worker consulted another doctor who wasn’t his regular treating physician. This doctor provided him with a prescription for a small amount of medical marijuana — one gram per day for 90 days, which the worker was still using at the time of his CAMH assessment.

The assessing psychiatrist was aware of the worker’s medical marijuana prescription and didn’t indicate any concerns. The psychiatrist noted the worker was no longer taking any psychiatric medications, was relying on counselling, and “it is possible (the worker) may be benefitting from continued access to medical marijuana” as the worker’s symptoms seemed to be improving.

The worker claimed entitlement to cover the costs of his medical marijuana, but the WSIB denied his claim because the drug wasn’t on the list of medications paid for by the board. A WSIB appeals resolution officer agreed and upheld the denial.

The worker appealed to the Ontario Workplace Safety and Insurance Appeals Tribunal, arguing that the CAMH assessment supported his use of medical marijuana as a treatment for his PTSD, the prescription allowed him to manage the symptoms without having to use other drugs, and his PTSD symptoms were “constant and debilitating.”