Legal Question in Workers Comp in Arizona

mental disablity

I am on social security disability for a mental disability. I worked part time for 5 years at this company. My employer was aware of my disability. About 5 months ago, my boss became more and more demanding of me and insisted on making me a supervisor against my desires, because of situations placed on him. I repeatedly told him I did not want to supervise but he just kept pushing me leaving me no option but to quit. I did not want to quit because I need the extra income. Social Security is not that much. I became overstressed and started yelling at customers one day, they called the police, I was arrested for disorderly conduct and told by the judge that I could not go back there for 3 years. I feel that if my boss had not pushed me so hard that I still would be there. I am mentally traumatized by this situation and am having a hard time finding employment anywhere else. Can I apply for workmen's compensation?


Asked on 7/29/00, 9:11 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Re: mental disablity

Arizona has a special statute, ARS 23-1043.01, for mental injury claims. Claims involving only a mental injury (as opposed to an injury involving a physical injury component) fall under that statute. It states, "A mental injury, illness or condition shall not be considered a [valid claim] unless some unexpected, unusual or extraordinary stress related to the employment or some physical injury related to the employment was a substantial contributing cause of the mental injury, illness or condition."

Arizona courts have said that this statute means that it's not enough that the applicant suffered a mental injury under the alleged circumstances. Instead, the hypothetical "average employee" would have to have been likely to suffer a mental injury under the circumstances alleged.

Difficult work conditions, to which all employees are equally subjected, is usually not enough. It usually has to be specifically directed toward the claimant.

If one has a pre-existing problem, the court have also said that the judge must look at whether the work situation was substantial, versus just "a cause" of the injury.

Read more
Answered on 9/12/00, 6:51 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Arizona