Insurance Dispute Lawyer Blog
In the realm of workers’ compensation, the interplay between physical injuries and mental health can be complex. A recent Louisiana Court of Appeal decision highlights the challenges faced by workers seeking compensation for mental health conditions arising from workplace injuries. The case involved a police officer who developed psychological issues after a back injury, and the court’s ruling underscores the high standard of proof required for such claims.
Bea Angelle, a police officer, sustained a back injury while on duty. She received temporary total disability benefits (TTDs) from her employer, the City of Kaplan Police Department. Later, these benefits were converted to supplemental earnings benefits (SEBs), which are paid when an employee can return to work but earns less due to their injury.
However, the City of Kaplan terminated Angelle’s SEBs based on a vocational rehabilitation consultant’s assessment that she could return to some form of employment. Angelle disputed this decision, arguing her psychological condition, stemming from her physical injury, prevented her from working.
The trial court denied Angelle’s request for SEBs, and the Court of Appeal affirmed this ruling. The court emphasized the strict requirements for proving a mental injury caused by a physical injury under Louisiana workers’ compensation law. It concluded that Angelle failed to meet the “clear and convincing evidence” standard needed to establish this causal link.
Key Takeaways:
- Mental Injury Caused by Physical Injury: In Louisiana, mental injuries resulting from physical work injuries are compensable only if proven by “clear and convincing evidence,” a higher standard than the typical “preponderance of the evidence” in civil cases.
- Diagnosis and Criteria: The mental injury must be diagnosed by a licensed psychiatrist or psychologist, and the diagnosis must meet the criteria in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
- Challenges in Proving Causation: The court emphasized the difficulty of proving a mental injury is directly caused by a physical injury, given the potential for subjective symptoms and the complexity of mental health conditions.
- Importance of Documentation and Communication: Angelle’s case was weakened by the fact that she didn’t disclose her ongoing psychological treatment to her employer or the vocational rehabilitation consultant. This lack of communication made it difficult to establish a clear link between her mental health and the work injury.
Implications for Injured Workers
This case highlights the challenges faced by workers seeking compensation for mental health conditions stemming from workplace injuries. It underscores the importance of:
- Seeking Professional Help: If you’re experiencing psychological difficulties after a work injury, seek treatment from a licensed mental health professional.
- Documenting Your Condition: Keep detailed records of your treatment, including diagnoses and any connection to your physical injury.
- Communicating with Your Employer and Insurer: Inform them of any mental health treatment you’re receiving related to your work injury.
- Consulting an Attorney: Navigating the complexities of workers’ compensation law can be overwhelming. An experienced attorney can help you understand your rights, gather evidence, and advocate for your claim.
Additional Sources: BEA ANGELLE VERSUS CITY OF KAPLAN-KAPLAN POLICE DEPARTMENTÂ
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Workers Compensation: When Is An Employee Entitled To Select A Physician For A Workers’ Compensation Claim? and Are Mental Injuries Covered By Workers’ Compensation?