‘The correct question is not whether the grievor expected to die when he took steps to bring about his own death’
One arbitrator has ruled that the City of Greater Sudbury is responsible for the death by suicide of one of its firefighters back in 2022.
Arbitrator Eli A. Gedalof has ruled that the City breached its collective agreement with the Sudbury Professional Firefighters’ Association by failing to provide accidental death and dismemberment (AD&D) insurance coverage in the case of firefighter Mike Frost, who died by suicide after developing work-related post-traumatic stress disorder (PTSD).
At the heart of the dispute was whether the City’s AD&D insurance policy, which excluded coverage for “self-inflicted injuries, suicide or attempted suicide, regardless of the state of mind of the insured person,” met the requirements of the collective agreement. Arbitrator Gedalof found that it did not, concluding, “the grievor’s death was an ‘accidental death’ within the meaning of Article 12:01(c) of the Collective Agreement, for which the Employer was required to purchase insurance coverage”.
He further stated, “It is now well established that in the fire sector, the term ‘accidental death’ generally includes death from occupational illnesses, and particularly those that are presumptively recognized under the WSIA and that fall within the common law definition of an accidental death”. In this context, the arbitrator found that the City’s failure to obtain a policy that covered deaths resulting from work-related PTSD was a breach of the collective agreement.
‘Firefighters no more expect to develop PTSD from those exposures than they do cancer’
Gedalof rejected the City’s argument that suicide is always an intentional act outside the scope of “accidental death,” emphasizing instead the causal link between occupational PTSD and suicide.
“The correct question is not whether the grievor expected to die when he took steps to bring about his own death; it is whether he expected to develop, through workplace exposures, the occupational illness that caused him to take those steps,” Gedalof wrote. “Firefighters no more expect to develop PTSD from those exposures than they do cancer”.
He also pointed to the Workplace Safety and Insurance Board’s (WSIB) recognition of PTSD and suicide as compensable workplace injuries for firefighters, noting, “The WSIB examined the circumstances of the grievor’s death and found that ‘[t]he claim was accepted for posttraumatic stress disorder. I have accepted that Mike’s death was related to this condition. Therefore, I am allowing entitlement to Survivor Benefits.’ That conclusion has not been challenged before me”.
Frost began his service as a suppression firefighter with the City of Greater Sudbury on April 4, 2011. Over the course of his career, he was exposed to numerous traumatic events, including performing CPR on infants, responding to fatal collisions, and witnessing deaths by suicide. In September 2019, Frost went off work on a WSIB-compensable leave after being diagnosed with work-related PTSD. Despite attempts to return to work and undergoing extensive treatment, Frost remained on medical leave until his death by suicide on May 19, 2022, at the age of 40.
Following his death, the WSIB recognized the causal link between his occupational PTSD and his suicide, providing compensation for burial costs and bereavement counselling to his estate. However, the City’s insurer denied the AD&D claim, citing the policy’s suicide exclusion. The Association grieved the denial, leading to the arbitration.
Support for firefighters
In Canada, the suicide rate has hovered around 11 per 100,000 people—and for fire fighters, it’s even higher, noted the BC Professionals Fire Fighters
“We carry the memory of our brothers, sisters, friends, and colleagues that we have lost. They will never be forgotten.
“The job exposes us to trauma most people will never see. But carrying that weight in silence only makes it heavier. You don’t have to do it alone. Peer support, your union leaders, and your Local’s mental health team are here to stand shoulder-to-shoulder with you.”
The group added: “We’re strongest when we lean on one another. We look out for each other on the fireground - and off it too. Reach out if you need help. You are never alone.”
