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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Question Workers Comp Claim for Physical Heatlh Issues Caused by Stress

    Stress and Anxiety Workers Comp Question. I have had the same manager for 9 years. I love my job and have a great reputation throughout the company. Except from my manger. My work is often complimented, yet my manager never informs me. When the company named me as employee of the month, she was disgusted with me. Because of many issues with my manager, for the past 9 years, I have developed health issues due to stress and anxiety because of the unfair treatment and possibly harassment from my manager. In the past year while at work, I have had to be taken to the ER 3 times. Each time I was diagnosed with an anxiety / panic attack. I have developed several other health issues my dr says is a direct result of stress and anxiety. Three months ago she put me on Prozac for depression. In the past 6 months caught my manger altering my timecards for no reason and without informing me,-even though HR has told her not to do this. After I reported a 4 incident of my time card being altered I was told it was a system issue, but was not shown any provied with any proof of this. Only their word. I dont think they would lie to me, HR admitted my time card was changed 4 times already this year.The VP said heís had enough of this and that I am not respecting the integrity of my manger by accusing her of changing my time card. (so Now I feel that my manger is free to change them at any time Iím afraid to report it). Itís on the record with HR and there is an audit trial that shows it was changed by all but one time that I reported it. Within an hour of being put in my place by the VP had another anxiety attack and somehow ended up in the bathroom for over 2 hours. My DR has put me on FMLA, I was asked to sign a medical release because HR had questions. After 4 stressful weeks of waiting, HR approved my FMLA . I will be off work for the next 4 weeks. Iíve only mention the recent issues, there are many more that I have documented for the past few years. I will now begin therapy that I should have started 4 weeks ago. I have to see my Dr and a therapist at least once per week while I am off work. Because I had to sign the medical release, when Its time for me to return to work, I expect to have more problems with my manger than before. I am wondering I have a workers comp claim because 4 week delay in starting the treatment plan from my Dr or because of the physical health issues I have developed due to the stress, anxiety and now depression because of my Manager.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Workers Comp Claim for Physical Heatlh Issues Caused by Stress

    I am wondering I have a workers comp claim because 4 week delay in starting the treatment plan from my Dr or because of the physical health issues I have developed due to the stress, anxiety and now depression because of my Manager.
    You don't have a claim becuase of any delay in starting treatment... you may have stress/psych claim due to the other factors you describe. The only way to determine that is to file a claim with the ER.
    The ER in turn must file with their WC carrier, the claim will be investigated and a determination to accept/deny based on the medical evidence, and opinion of the treating physician, and/or medical/legal evaluator...a PQME or AME as the case may be.

    However... when you file the first report of injury with your ER... they must provide a list of Dr from their MPN, for you to select a PTP/Primary Treating Physician. (*there may be specific notification rules here where you may be able to continue to treat with your own Dr, that will have to be determined based on your employment history, and what happens when you file the claim).

    What you can expect in filing a psych/stress claim is a deposition by a defense attorney... a potentially grueling session of questioning regarding your past, from birth....and how other outside factors may contribute to your claimed symptoms of stress/anxiety. You must be able to prove 51% of your symptoms are from your employment.
    It wouldn't be unusual for an unscrouplous defense atty to ask misleading questions ie."Is it true you no longer enjoy sex with animals?"...when you answer no... the natural response from the DA would be..."so you did enjoy sex with animals, but since you no longer participate in those activities, you are under a great deal of stress..." Don't laugh/or frown, it's happened.

    IMHO... you need to consult with an AA/Applicant Attorney experienced in stress/psych claims. Go to www.caaa.org and enter your zip code for referral in your area.

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