Friday, July 20, 2012

Psychological Trauma Case Kieckhafer

This week the Colorado Court of Appeals decided a case involving mental injury. In Kieckhafer the claimant asserted a claim for work related emotional distress. She did not succeed and the appeal followed. In Colorado stress cases are difficult to handle. All work has some measure of stress and claims would be immense if the standards for recovery were loose so Colorado has tightened up on them. In this case the claimant lost the appeal because the court determined that you need evidence from a physician or psychologist to establish the claim. The claimant only used a licensed social worker and a physicians assistant. That is simply not enough. The claimant alleged that the law makes it impossible to prove the claim because you have to prove a permanent disability before you can get benefits so it forces you to pay for your own treatment. Once you reach MMI then you are permanent so the law prevents coverage until you reach MMI (maximum medical improvement). The court disagreed with that view but a claimant still has to provide proper evidence. In any event a full reading of the case is wise because it is a bit complicated and involved. Anyone with a pure stress case has a tough road to obtain benefits so obtain an attorney if you can.

1 comment:

Vane said...

I can see the courts view on how stress is part of every job and proving permanent disability would be hard.