Stress Claim - Freakin Out

[chrischris]

I found the following brief descriptions of 3 different types of stress claims. This must be what my CA was talking about.

Workers' comp boards and industrial commissions around the country have recognized three types of nonphysical injuries that may arise out of and occur during the course of employment: physical/ mental, mental/physical and mental/mental injuries.

A physical/mental injury is a psychological or psychiatric condition that has its roots in a physical injury.

A mental/physical injury is a physical injury caused by a psychological or psychiatric condition that arises out of and occurs during the course of employment. Ulcers and heart attacks caused by stress on the job are the classic examples of mental/physical injury, but there are others. The only way a court can bring the injuries sustained in a suicide attempt within the scope of the workers' comp system is by classifying them as mental/ physical injuries.

A mental/mental injury is a psychological or psychiatric ailment that has no physical cause. A worker who complains of the inability to enter the workplace or perform a task after seeing a colleague seriously injured or killed at the same work site or performing the same task is claiming a mental/mental injury. Not all states recognize mental/mental injuries as compensable, and others impose special requirements for diagnosing them and establishing the relationship between employment and the injury.

[chrischris]

Hi Pooh, Definitely Type A Personality. Workaholic that came to a screeching halt! Thanks for the advice. It helps.

Cap, This was a hard decision, but "It is what it is". I understand your decision not to pursue stress claim. It's a tough decision. Thanks for the support.

[1171]

california does not make any distinction between the types of mental injuries; they limited the claims in the ways I previously posted.
In any event whether the comp claim or what happen at the employers place of business prior to the claim are the causes for your mental condition is up to the doctor to decide - not you or the adjuster. The idea that you somehow have to make a choice in this matter is incorrect. Ignore it. defer to the doctor.
I think the idea the adjuster offered about getting treatment on your own while the decision is pending can be a good one. that way you don't have to go thru utilization review and MPN docts etc. If comp picks it up later they'll reimburse your health care provider or whomever paid. So check into whether your health insurance covers it. they may need a letter from the adjuster letting them know that for now work comp is not accepting the mental stress component of your claim.
Don't delay getting help and getting treatment. It may take a couple of trials with different therapists to find a good fit but get to one soon.

Here are some links that may be of interest. try not to over-rationalize your situation or get into prolonged worry mode. these are meant to inform and reassure and not add more stress.

http://www.dir.ca.gov/IMC/psych.html
http://www.dir.ca.gov/IMC/toc.pdf
http://www.dir.ca.gov/IMC/checklist.html
http://www.appealsboardreporter.com/arti...4.htm.aspx

[chrischris]

That is exactly the type of information I was hoping you had. I can't be stressed out anymore than I am already today. My house is being treated for termites as we speak. When it rains it pours! Hope you have a good day 1171. Thanks

[tweety00]

chris what would be the difference between work related and work situations???
Confused?

[chrischris]

Tweety: Physical work injury causing mental stress vs. A traumatic event, or Someone causing the mental stress such by creating a hostile work environment and usually doesn't include a physical injury. Hope that makes sense.

Stiffnecked: I know about that site, the people are great, but I like it here. Thanks!

[tweety00]

ok so if you got injuried then continually hassased.... even had hq wanting meto file charges against 2 ppl ... which i said no way andwrote i will dealwith it in my own way .... now those same 2ppl conintueally try to get me tobreak restrictions ... hostile yesterday since i set a datefor surguery thatinconveninced someone at work when shefigured that itwillmake it aproblem for her daughtersweeding ... ?Does that sound like hostile ?
Otr ashtting raise since im still on work comp

[chrischris]

Tweety, With me, it got to a point that I couldn't cope with it anymore. My doctor is the one who diagnosed me with Major Depression. I wish I had a clear answer for your situation but I don't want to mislead you. I'm not myself and my thought process is not up to par. Someone else will come along and hopefully have a response. I hope to give back to this forum when I am able. Take care!

[Pooh]

Tweety

in your case - you need to start the paper trail for hostile work enviroment - which means that you start reporting it with HR and let them deal with it. If it is then not handled - and it continues and you continue to be harrassed then I am not sure what will happen from there.

If you do nothing but say you will handle it your own way - then your paper trail is not there - you also need to keep copies of everything for yourself as you well know how things disappear from that office already.

If they do nothing - then I think it becomes a hostile work enviremoment - not sure on that - or how that works - but the labor board will want to see documentation of things from both sides - yours that you tried to get things worked out and followed procedure on that end before going to them.