Although most Georgia workers’ compensation claims result from a physical injury at work, some workers also suffer a mental health injury at work. In a recent case, one court considered whether a worker’s psychological injury was compensable under that state’s law.
The case was brought in Florida, and under Florida law, there is a requirement that there be an “accompanying physical injury requiring medical treatment” before benefits for mental or nervous injuries can be paid. In order for a mental or nervous injury to be compensable, there must be clear and convincing medical evidence from a licensed psychiatrist, and the physical injury has to be the major contributing cause of the mental or nervous condition. Additionally, there has to be a connection between the mental or nervous injury and an underlying permanent, compensable physical injury. There is also a state statute that provides that an employee cannot be paid temporary benefits for a “mental or nervous injury” for “more than 6 months after the date of maximum medical improvement for the injured employee’s physical injury or injuries.”
The Facts of the Case
In this case, the court had to consider whether the six-month period mentioned in the statute can begin at any time after the worker reaches physical maximum medical improvement, or whether the time period expires six months after the worker reaches physical maximum medical improvement.