CALIFORNIA STRESS WC

[msgrumpee]

DOES CALIFORNIA ACKNOWLEDGE STRESS/PSYCHOLOGICAL CLAIMS IN WORKMANS COMP?

[rholmes]

msgrumpee Wrote:DOES CALIFORNIA ACKNOWLEDGE STRESS/PSYCHOLOGICAL CLAIMS IN WORKMANS COMP?

Hi Msgrumpee,


Yes they do but it is very, very hard to prove not to mention they will pry into every second of your life from the day you were born.


RH

[frustratediw]

Short answer is yes. What you will find is that your entire life will be scrutinized. Since just about everything in a persons life can create stress they will look at it to determine just how much of your stress is due to other problems. For it to be work related it has to be determined that 51% is directly caused because of your job or work environment. In many if not most cases the reports will acknowledge you have work related stress but other problems are creating the majority of your problems. When that occurs you may be able to argue that most of those problems are the result of your inability to cope due to your work related problems. Really depends on the situation and what types of problems you have and when and how they have manifested themselves. On the upside the rating system for psyche claims is a little more favorable to the IW in California than other injuries. Just my opinion but this type of claim really needs the help of a competent and knowledgeable WC Attorney. Many attorneys will not take on these cases because of the difficulty but if you have a good case there are some who will.