GQ Corner
Q. Claimant reported that he has developed panic attacks and memory loss due to stress at work. He stated that he knows that this is work related as he is dealing with being bullied by his employer’s human resource people. He said that human resources has bullied him over time, attempting to keep him from retiring. He has a neurology appointment upcoming. He also mentioned that he will be reporting this treatment to the EEOC and others. He has not provided any medical evidence to date.
After reviewing the claim I believe this would be a denied claim as its doesn’t appear to be compensable. Do you agree, and can you provide PLN-1 language?
A. You should work to obtain any medical records within your 15- and 60-day time frames, and also follow up with the employer to determine whether this was part of a legitimate personnel action. If so, there is additional language you can add to your PLN-1.
Here is the language you should include regardless:
Carrier disputes that claimant sustained a compensable injury or occupational disease in the course and scope of employment. Claimant’s condition based on the medical records received does not rise to the level of an injury or occupational disease as those terms are defined in the Act. Further, claimant has not identified a specific time, place or event for any alleged mental trauma, but has instead claimed repetitive mental trauma which is not compensable as a matter of law. Any alleged mental trauma was the result of a legitimate personnel action and is therefore non-compensable.
You would remove the bold type sentence if the employer does not support that there was a legitimate personnel action.
FOLIO
