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Brain Strain: Workplace Psychological Injury Compensation

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Manage episode 453210257 series 61472
Content provided by Legal Talk Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Legal Talk Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

Guest Michael C. Duff, professor at the St. Louis University School of Law, explores the evolving field of mental health injuries in the Workers’ Comp world.

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job?

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected].

Mentioned in This Episode:

Agis v. Howard Johnson Co.

Previous Appearance on Workers Comp Matters, “For Every Wrong, A Remedy? When A Workplace Event Harms A Family”

Previous Appearance on Workers Comp Matters, “Presumptions in the Age of Covid-19”

Learn more about your ad choices. Visit megaphone.fm/adchoices

  continue reading

155 episodes

Artwork
iconShare
 
Manage episode 453210257 series 61472
Content provided by Legal Talk Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Legal Talk Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

Guest Michael C. Duff, professor at the St. Louis University School of Law, explores the evolving field of mental health injuries in the Workers’ Comp world.

Stress and workplace trauma is real, and recognition of these injuries is developing, but there are still complicating factors. Did workplace stress cause a heart attack, or was there underlying heart damage? What constitutes post-traumatic stress, and at what point did that stress occur on the job?

There’s a lot to unpack. Daily on-the-job stress versus something truly unusual at the workplace; cumulative versus traumatic stress; faking versus real injury; causation; and privacy (HIPAA) all factor into a decision regarding compensation.

We all know a broken arm when we see it. But understanding a damaged mind can be tricky. First responders, air traffic controllers, and factory workers all face stresses, but not all stress is the same. Hear how jurisdictions differ in their view of psychological injury Workers’ Comp claims.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at [email protected].

Mentioned in This Episode:

Agis v. Howard Johnson Co.

Previous Appearance on Workers Comp Matters, “For Every Wrong, A Remedy? When A Workplace Event Harms A Family”

Previous Appearance on Workers Comp Matters, “Presumptions in the Age of Covid-19”

Learn more about your ad choices. Visit megaphone.fm/adchoices

  continue reading

155 episodes

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