GQ Corner

Q. Are mental stress claims compensable in Texas? If a maintenance worker had a gun pointed at him while he was working, is that compensable?

A. Mental trauma cases can be compensable if they can be tied to a specific event. In other words, repetitive mental trauma claims are not compensable, but claims similar to what you have described can be compensable. Mental trauma injuries require medical evidence to both establish a mental trauma injury exists and to relate said mental trauma injury to the workplace occurrence. If you have medical that convincingly addresses those two factors, you have a compensable mental trauma claim.

Q. What does the Appeals Panel say about potential beneficiaries not filing within one year of the date of death?

A. Rule 122.100(e) provides that failure to file a claim for death benefits within one year after the date of the employee’s death shall bar the claim of a legal beneficiary, other than the Subsequent Injury Fund, unless:

(1) That legal beneficiary is a minor or otherwise legally incompetent;
(2) Good cause exists for failure to file the claim in a timely manner; or
(3) For a legal beneficiary who is an eligible parent, the parent submits proof satisfactory to DWC of a compelling reason for the delay in filing the claim for death benefits.