Former Syncrude firefighter Michael Swan talks about his situation in Calgary, Alta., Monday, Jan. 14, 2019. Oilsands giant Syncrude Canada wants a judge to dismiss a lawsuit by a former first responder who claims he was wrongfully fired following a diagnosis of post-traumatic stress disorder. THE CANADIAN PRESS/Jeff McIntosh

Oilsands giant Syncrude wants judge to dismiss lawsuit of former firefighter with PTSD

The former firefighter and paramedic has said that no single event triggered his PTSD, but that it built up gradually

Oilsands giant Syncrude Canada wants a judge to dismiss a lawsuit by a former first responder who claims he was wrongfully fired following a diagnosis of post-traumatic stress disorder.

Michael Swan filed the lawsuit in Alberta Court of Queen’s Bench late last year seeking damages for lost compensation and benefits, improper paycheque deductions and in lieu of reasonable notice. His also seeks “moral or aggravated damages for bad faith throughout the employment relationship” and punitive damages.

“Syncrude denies that the plaintiff was at any time penalized due to his disability or that Syncrude failed to treat the plaintiff with civility, decency, dignity and respect,” the company said in a statement of defence filed last month.

“At no time during the plaintiff’s employment did Syncrude demonstrate an intention not to be bound by the employment agreement. The plaintiff, however, relocated from Fort McMurray to Calgary without notice to Syncrude and subsequently abandoned his employment.”

The claims by Swan and Syncrude have not been tested in court.

Swan, 44, began working for Syncrude in 2002 as a heavy equipment operator at its mining operations north of Fort McMurray, Alta. Five years later, he joined the company’s fire department, which sometimes responds to calls in the surrounding community.

The former firefighter and paramedic has said that no single event triggered his PTSD, but that it built up gradually. He said his symptoms were in full force by the time a ferocious wildfire swept into Fort McMurray in 2016. He was diagnosed a year later.

Syncrude said Swan attended an intake screening for a traumatic psychological injury program organized through the Workers’ Compensation Board in October 2017, but he “unilaterally chose not to return” for treatment.

Swan explained Wednesday that he joined the program later than Syncrude wanted because his own psychologist wished to ensure Swan was in the right condition for it.

He said the program offered structured full-day treatment that included group sessions, exercise and meditation. He said he found it challenging and rewarding.

“By the time I was ending it, I had come so far. I was able to talk with people and share my experience, which aids people suffering from PTSD immensely.”

In February 2018, Syncrude told Swan he had to return to work within a week, even though his care team and the WCB did not think he was ready, his lawsuit alleges.

Swan said he completed the program last summer. While he found it helpful, he said he spent a lot of time there dealing with his anger at Syncrude rather than his PTSD.

Syncrude disputes Swan was being forced back to work too soon.

“Syncrude relied upon the available medical reports and medical advice when formulating the gradual return-to-work plan for the plaintiff, and, further, Syncrude had no contradicting medical reports indicating that the plaintiff should not return to Fort McMurray or the Aurora Mine site.”

READ MORE: Mental issues from Fort McMurray fire linger but human contact helps

Swan said Syncrude first punished him for joining the program too late and then again for staying in it too long. He was fired last September.

Syncrude spokesman Leithan Slade said Thursday the company has nothing to add to its statement of defence “other than that Syncrude greatly values and supports its employees.”

Swan said he’ll never work as a first responder again, but he’s exploring retraining options through the WCB.

The WCB’s support is helpful, he added, but he is under financial strain. His sister has set up a GoFundMe page for legal and medical expenses.

“This is embarrassing, but I’m collecting some bottles and stuff and rolling change,” he said.

“I’m not looking for a handout or to be set up the rest of my life. I’d just like to hold Syncrude accountable and get back to the workforce.”

Lauren Krugel, The Canadian Press


Like us on Facebook and follow us on Twitter.

Just Posted

Surrey RCMP hunt for robbery suspect after woman threatened while using ATM

Police say a man demanded a woman withdraw money from her account while threatening her with a weapon

SOCCER: A Surrey coach recalls Alphonso Davies’ rise, days after his first goal for Bayern Munich

Injury may prevent the budding star, 18, from playing for Team Canada in Vancouver on Sunday

Semiahmoo advances to B.C. peewee hockey final against Burnaby Winter Club

Ravens to square off against only team to defeat them during provincial tournament

Tory MPs chant ‘cover up’ during federal budget delivery

Liberal government’s fourth budget delivered in House of Commons Tuesday, but nobody could hear it

Former South Surrey boxer relishing role on Riverdale

Peninsula resident Darcy Hinds has recurring role on popular CW series

VIDEO: Can you believe it? This B.C. hill pulls cars backwards up a slope

Sir Isaac Newton had clearly never been to this Vernon anomaly when he discovered gravity

Canucks hang on for 7-4 win over Senators

Horvat nets 2 for Vancouver

European, Canadian regulators to do own review of Boeing jet

Air Canada plans to remove the Boeing 737 Max from its schedule at least through July 1

Prime minister defends Liberal budget measures as sales effort gets underway

Conservatives under Andrew Scheer say it’s a spree funded by borrowing against the future

Mayor meets with B.C. health minister on homeless taxi transfers

Two homeless people were discharged from Surrey Memorial and sent to a Chilliwack shelter

Teacher reprimanded for conduct towards special needs student

Alan Stephen Berry told vice principal he did not have time to use positive strategies

‘Full worm super moon’ to illuminate B.C. skies on first day of spring

Spring has sprung, a moon named in honour of thawing soil marks final super moon until 2020

Having phone within sight while driving does not violate law: B.C. judge

The mere presence of a cell phone within sight of a driver is not enough for a conviction, judge says

Fraser Health under fire again for taxiing homeless man from Langley to Hope

Patient sent to Hope shelter because a spot in the man’s home community couldn’t be located

Most Read