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MO: 15 Year Battle for Psych Benefits Results in $366.70 Award

Claimant had major depression with psychotic episodes impairing his ability to work. He failed to prove he was permanently and totally disabled from being struck while slowly backing up his car in a company parking lot while reporting to work in 1995. Claimant denied employment after 1997. Claimant's...

Depression and Delayed Recovery for Workers’ Compensation Injuries

----------------------------------------------------- IMPORTANT NOTICE ----------------------------------------------------------------- This article was available for free on our site through Jan.. 31, 2011. It is available for a fee through the LexisNexis services. Lexis.com subscribers...

Evaluation of and Differential Diagnosis Considerations for Erectile Dysfunction in Workers’ Compensation Claims

----------------------------------------------------- IMPORTANT NOTICE ----------------------------------------------------------------- This article was available for free on our site through March 11, 2011. It is available for a fee through the LexisNexis services. Lexis.com subscribers can access...

Five Recent Cases You Should Know About (3/11/2011)

Larson's Spotlight on MRSA Infection, Exposure to Chemical Cloud, Psychological Injury, Tort Action, and Employment Contract. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award

MO: Commission Awards PTD for Depression, Reversing Findings of Temporary Award Claimant can no longer work due to depression, according to a Commission decision affirming a PTD award. Venable v St. Louis Bridge Co. , DOLIR 7-26-11. Claimant hurt his back and required a multi-level fusion. He had...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative...

Up in Smoke: How Employers Are Using Disclosures in Medical Marijuana Cards to Defeat Claims for Workers’ Compensation

Employers are scoring victories by using injured workers’ disclosures in their medical marijuana cards to help defeat claims for workers’ compensation benefits. Note: Trial level decisions, while not binding authority, often deal with cutting edge issues. As such, they are informative and...

Larson’s Spotlight on Recent Cases: Exclusive Remedy Defense Stands In Spite of Less than “Adequate” Recovery

Larson's Spotlight on Exclusive Remedy, Co-Employee Exclusivity, Psychiatric Condition, and Violation of Safety Rule. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Depression: The Hidden Cost of Compensable Work Injuries

Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers’ compensation benefits, and anxiety regarding an ability to return to work can be severe. Both...

Depression: The Hidden Cost of Compensable Work Injuries

Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers’ compensation benefits, and anxiety regarding an ability to return to work can be severe. Both...

Workplace Wellness Programs Return on Investment and Implementation Tips

By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community Of the many workers’ compensation cost...

Workplace Wellness Programs Return on Investment and Implementation Tips

By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community Of the many workers’ compensation cost...

Missouri: Groin Injury Changes Man’s Life

An owner of an excavation business slipped in January 1999, did the splits, and had a groin injury that changed his life. Turner v Turner Excavating , 2013 MOWCLR Lexis 118 (lexis.com), 2013 MOWCLR Lexis 118 (Lexis Advance) (July 10, 2013). He had been self-employed for about 20 years. Claimant, 63,...

Depression and Absenteeism: $23 Billion in Lost Productivity for U.S Employers

Gallup recently conducted a two-year study (2011-2012) surveying 237,615 full-time employees and 66,010 part-time employees. Key findings and takeaways for the 2011-2012 study period: 1. Full-time workers diagnosed with depression missed work an estimated 8.7 days per year, which were 4.3 more...

If I Only Had a Brain…… DE IAB Rules On Issue Of “Biological Depression” and Brain Impairment

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for my next discussion. I will let Kim tell you:...

California: Home Health Care in the Context of a Psychiatric Injury

Attention Lexis Online Subscribers: Citations link to lexis.com. Bracketed citations link to Lexis Advance . On September 30, 2013, a panel of three commissioners with the Workers’ Compensation Appeals Board (WCAB) denied a request to reconsider a Workers’ Compensation Administrative Law...

Pennsylvania: Claimant Fails to Show Psychic Injury Resulted From Abnormal Conditions

In Pennsylvania, a claimant seeking benefits for a psychic injury must meet a higher standard for causation by proving that (a) he or she suffered a psychic injury; and (b) his or her psychic injury was more than a subjective reaction to normal working conditions. With that rule in mind, a divided state...

North Carolina: Court Explains Important Difference Between “Sequence” and “Consequence”

A North Carolina appellate court affirmed a state Industrial Commission decision that found, in relevant part, that a worker’s depression was causally connected to a work-related injury and, therefore, compensable. The employer contended that testimony by the worker’s medical expert was improper...

Hawaii: Worker’s Depression Caused by “Misperception” of Work Event, Not the Event Itself

Where an employee’s claimed “psychological condition” was the result of his “misperception of various events and communications” and “was not caused or aggravated by work but was entirely imported by [the employee] into the workplace,” the employee did not sustain...

Surviving the Great Recession: Getting By With a Little Help From Our Meds

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. It’s a no brainer that when the economy takes a deep dive, our collective psychological well-being also ends up under water. Just reading about mass layoffs, homeless families, and bankruptcies—much less taking a drive past the dead...

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis Advance) (March 5, 2015). Jackson County...

Missouri Lowers Burden for Mental Stress Claims

What does a claimant have to prove for work-related stress when their job is inherently stressful? Mantia v MoDot, 2015 MoWCLR Lexis 39 (lexis.com), 2015 MoWCLR Lexis 39 (Lexis Advance) ( April 28, 2015) charts a much lower bar for claimants to receive compensation, and it reverses a denial of benefits...

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that the stress the employee claimed caused his depression...

Age and Length of Disability for Eight Chronic Conditions

Does an aging American workforce mean more time lost due to chronic conditions such as arthritis, cancer, chronic pulmonary disease, coronary artery disease, diabetes, depression, hypertension, and low back pain? It is no secret that the American population as a whole is getting older, which also...

Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing condition and a subsequent work-related injury...