Legal Question in Workers Comp in Pennsylvania

I have been out of work due to stress-related illness caused by a hostile work environment. Since my physician reported the illness as work-related, a claim was submitted for Worker's Compensation. The claim was declined by the Insurance Company stating that WC does not cover "stress-related illness" since it is not considered an injury. Is this appropriate? Do I have any recourse?


Asked on 9/28/09, 9:04 pm

1 Answer from Attorneys

James Monaghan Law Office of James V. Monaghan

The type of claim that you are alleging is what is referred to as a "mental/mental" case. Essentially, a mental stimuli has cause psychological symptoms (although there may be some associated physical symptoms). In order to establish that this is a compensable work related injury, there is a heightened burden of proof. You must demonstrate that your injury was caused by "abnormal working conditions". What that means is that you must demonstrate that the "stress" at work was not normal "stress" given your occupation. For instance, if you were a police officer and you were involved in a car chase that developed into a foot race and wrestling match with an armed assailant and you subsequently developed stress related psychological symptoms from the event, it may not be considered "work-related" as that stress is typical for a police officer. These are very difficult cases that are very dependent on the specific facts.

Please call my partner, Jim Monaghan, to discuss the specifics of your case.

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Answered on 10/04/09, 8:07 am


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