Employee Can Get Comp for Mental Injuries, Rules D.C. Court of Appeals

Lawyers USAJune 03, 2008

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Summary


The application of an objective standard to psychological injuries that are related to an on-the-job physical injury is not consistent with the purpose of the District of Columbia's workers' compensation statute, the D.C. Court of Appeals has ruled. An employee injured her head, neck and back while working. She began suffering severe headaches, depression, panic attacks and memory loss. However, prior to her injury she had suffered similar symptoms for several years until they subsided.

The employee requested temporary total disability benefits, claiming that the workplace accident aggravated her pre-existing psychological disorders. The claim was denied based on a finding that someone without a pre-existing condition would not have suffered her symptoms.

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Extract


Employee Can Get Comp for Mental Injuries, Rules D.C. Court of Appeals

She argued on appeal that applying such an objective test v...

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