One of the more frustrating areas of Workers’ Compensation law is stress claims. Often, the extent of a claimant’s disability is based solely on their subjective complaints because there is no apparent physical disability. Doctors are sympathetic to their patients and readily determine that their work environment is the source of their stress. This can be difficult to defend against, especially when the evidence suggests that the claim arises from a simple disagreement between coworkers or a harsh reprimand from a supervisor. It is important …
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Stressing the Reasonable Objective — Missouri Supreme Court Provides Clarity on When Mental Injuries Will be Compensable
The Missouri Supreme Court recently acted to provide clear parameters for when an employee will be entitled to recover for stress-related psychiatric disorders.
Linda Mantia worked for the Missouri Department of Transportation for over 20 years providing traffic control and assistance at motor vehicle accident scenes on Missouri highways. Mantia responded to accident scenes as often as four times per week, including serious accidents involving fatalities. Mantia was diagnosed with depression in February 2008 and filed a workers’ compensation claim for mental injuries in October …
Continue ReadingSure, Work Can be Stressful. But Can that Result in a Workers’ Compensation Claim in New York?
Everyone has experienced stressful times while at work, whether they were tight deadlines, arguments with a coworker, or dealing with difficult customers. Can that stress, and any resulting psychological issues, be considered a compensable Workers’ Compensation claim in New York State? The answer, not surprisingly, is that some, but not all, psychological injuries are compensable.
It has been held that undue or excessive work-related stress and anxiety may constitute an accident under the NYS Workers Compensation Law. Section 2(7) of the NYS Workers Compensation law …
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