©  Copyright 2002 Rogers Media. The following article first appeared in the March 2002 edition of BENEFITS CANADA magazine.

While the WCB initially denied the claim, Ross appealed the decision. He won in May 2000. Michelin then challenged the ruling. "We did not agree that Ross's personal condition was the responsibility of the Workers' Compensation Board," says company spokeswoman, Norma Nixon. The tire maker--which like most manufacturers relies on shift work to stay in business--lost. Six weeks ago, Ross became the first Canadian to receive WCB benefits for a profound lack of sleep.

What is so striking about this case--other than the unusual malady which has now been deemed a disability by the Nova Scotia WCB--is that Ross was never injured on the job. The 34-year-old (who worked eight-hour rotating shifts along with thousands of other Michelin workers) didn't cause an accident. Nor was he involved in one. Although, Ross said he feared for plant safety as, at times, he was literally asleep on the job.

So what is Ross up to now, other than catching a few extra hours of shut-eye while collecting WCB payments? He's taking college courses and Michelin is footing the bill. Ross hopes to stay employed with the manufacturer. He'd just prefer an office job (nine-to-five, thank-you very much).

Before Ross won the WCB case, he was on short-term disability. That is probably just where Michelin would have liked him to stay. Ann Nicol, a consultant with William M. Mercer Ltd.'s disability practice in Toronto, says a company such as Michelin could see its WCB premiums rise significantly on the heels of this case. "It likely wanted to keep it at the group level to prevent it from becoming a precedent that other employees would follow," she says.

The manufacturer won't comment on the financial impact of the ruling. Nixon says it is still deciding whether to take the case to court. Employers and group insurers would applaud that move. They are understandably concerned that the precedent-setting ruling will open the floodgates for more WCB and group benefits claims related to sleep deprivation.

Kevin Shand, a benefits consultant in Halifax with Mercer, doesn't think that is likely to happen. Michelin is hoping it won't either. "There is no denying there are concerns about the ramifications of this case," says Nixon. "But we can't lose sight of the fact that it is about one individual and his problem."

Annette Gibbs, vice-president of disability management with Maritime Life in Toronto, isn't so sure that plan sponsors and their providers are out of the woods on this one."With this kind of ruling it is not surprising to see a surge of [similar] claims," she says.

Days after the WCB ruling was announced the Nova Scotia Nurses Association came out saying nurses are getting older and they are having trouble coping with shift work. An estimated 25% of all Canadian employees are on shift work. Manufacturing, healthcare and many service industries depend on them. Where will this end?

Hopefully with an authoritative body deciding that employees have to take some accountability. "One of the things I find striking about this case is the focus on the employer's responsibility," says Gibbs. She says employers do have a responsibility to create a healthy work environment. They also have a duty to accommodate workers. But the employee has responsibilities too, stresses Gibbs. "To be fit for work, take charge of their own health and make career choices within their own capabilities. I would like to see that borne out." So would Michelin and the rest of the benefits community. BC

Kathryn Dorrell is the managing editor of Benefits Canada. kdorrell@rmpublishing.com.

The Romanow Commission has released its final report on the future of healthcare in Canada.

For Commissioner Romanow's recommendations, click here.

Click here for Senator Michael Kirby's report, "The Health of Canadians – The Federal Role: Recommendations for Reform."