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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, December 3, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will examine workers' comp claims made for mental health issues and the current regulatory landscape that has created a disparity in coverage from state to state. The panel will examine common types of mental health claims, legislative trends, and best practices for employers/insurers and claimants when bringing or defending workers' comp mental health claims.

Faculty

Michael P. Del Bueno
Partner
WHITT DEL BUENO CLARK

Mr. Del Bueno has practiced primarily in the area of insurance defense and workers’ compensation law. He writes articles on workers’ compensation issues in Whitt Del Bueno Clark’s e-newsletter. Mr. Del Bueno is a member of the Virginia State Bar and the Virginia Association of Defense Attorneys.

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Lindsey E. Mills
Shareholder
Smith Mills Law, PC

For over 15 years, Ms. Mills has been representing employers in the defense of workers’ compensation cases, employment matters, and civil litigation. She has served as a council member of the Workers’ Compensation Section of The Iowa State Bar Association, a Blackstone Inn of Court member, and a member and vice chair of the American Bar Association’s Tort Trial and Insurance Practice Section. Ms. Mills has been a guest lecturer in a number of seminars, including the Iowa Workers’ Compensation Advisory Committee’s Annual Symposium, Claims Litigation Management’s conference, and the ABA TIPS’ Workers’ Compensation’s Section Midwinter Conference. She also frequently provides in-house seminars to clients on issues involving workers’ compensation and employment law, in addition to authoring articles for various publications.

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Description

Although workers' compensation is most often thought of when it comes to physical injuries sustained in the workplace, mental health claims--such as those related to PTSD, anxiety, and depression--are becoming more common. However, there is a disparity among state workers' comp statutes as to whether and to what extent mental health injuries are covered.

A number of states cover mental stress claims unrelated to physical injury while others cover mental illness from cumulative, repeat trauma in work to some degree. However, for those that cover mental illness, many only apply to first responders and/or certain types of first responders. Additionally, other states do not cover mental health injuries on their own for most workers.

Further disparity occurs when it comes to who is covered when suffering from the same traumatic event. For example, while a state statute could allow for coverage of resulting mental health conditions for first responders to a school shooting, it may not cover these conditions for other workers who may have been involved in the same incident, such as teachers.

As a result, state legislation is evolving to address mental health conditions covered by workers' comp. Therefore, counsel, whether representing workers or employers/insurers, should understand the latest regulatory developments related to workers' comp and mental health issues.

Listen as our panel discusses workers' compensation and mental health issues and examines types of workers' comp mental health claims. The panel will also address the current regulatory landscape and legislative trends, and will offer best practices for handling workers' comp mental health injury claims.

Outline

  1. Introduction
    1. Types of mental health injuries involved in workers' comp claims
    2. Statistics
  2. Disparity of state regulation covering mental health claims
    1. State differences in coverage
    2. Disparity in worker coverage at same incident (e.g., covered first responders at a school shooting but not for teachers)
    3. Evolving state regulation (notable examples)
  3. Types of workers' comp mental health claims
    1. Mental health condition is a direct result of work-related incident
    2. Mental health condition develops because of worker sustaining a covered physical injury
    3. Worker has preexisting mental health condition and sustains a workplace injury that may be impacted by the mental health condition
    4. Occupational stress injuries
  4. Expert testimony and medical evidence: legal best practices
  5. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What is the status of workers' comp coverage for mental health issues? How does coverage vary by state?
  • What notable state legislation is being proposed and/or enacted related to covering workers' comp mental health claims?
  • What are the most common types of workers' comp claims made in relation to mental health issues?
  • What are best practices for bringing workers' comp claims related to mental health issues? Defending such claims?