Workers' Comp and Mental Health Claims: PTSD, Anxiety, Depression; State Coverage Disparity; Legislative Trends
A live 90-minute CLE video webinar with interactive Q&A
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.
Outline
- Introduction
- Types of mental health injuries involved in workers' comp claims
- Statistics
- Disparity of state regulation covering mental health claims
- State differences in coverage
- Disparity in worker coverage at same incident (e.g., covered first responders at a school shooting but not for teachers)
- Evolving state regulation (notable examples)
- Types of workers' comp mental health claims
- Mental health condition is a direct result of work-related incident
- Mental health condition develops because of worker sustaining a covered physical injury
- Worker has preexisting mental health condition and sustains a workplace injury that may be impacted by the mental health condition
- Mental health condition sustained due to work-related incident and leads to physical injury
- Best practices for bringing and defending against the different types of workers' comp mental health claims
- Employer/insurer perspective
- Employee perspective
- 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?
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... | Read More
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
For over 15 years, Ms. Mills has been representing employers in the defense of workers’ compensation cases,... | Read More
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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