(Credit: Chinnapong/Shutterstock.com) Divided State Court Ruling Sparks 'a Lot of Uncertainty' About Workers' Comp for Mental Injuries, Attorneys Say
"You can read it as saying that a workers' comp injury has to be a physical harm related to an unexpected incident at work or the cause of which was unseen. If that's the case, this decision breaks the grand bargain that was struck in 1912 between Arizona workers and Arizona industry. The court doesn't seem to appreciate how destabilizing that could be," said attorney Laura Clyme.
November 30, 2022 at 04:47 PM
8 minute read
What You Need to Know
- Tucson detective filed an industrial claim that an on-duty incident exacerbated his preexisting post-traumatic stress disorder. However, the city's insurer denied the officer's claim, which was upheld by an administrative law judge and the Arizona Court of Appeals.
- In a 6-1 opinion, the majority of the Arizona Supreme Court held that limiting mental illness claims to those that arise from unexpected, unusual, and extraordinary stress situations do not violate Arizona workers' compensation law or the equal protection guarantee.
- In a dissenting opinion, Vice Chief Justice Ann Timmer concluded that Section 23-1043.01(B) violates Section 8 of the Arizona Constitution.
A 6-1 Arizona Supreme Court majority concluded that workers' compensation coverage for mental illnesses must arise from "unexpected, unusual or extraordinary stress" and that such limitations are not unconstitutional for those already employed in high stress jobs, like first responders.
However, Laura Clymer, counsel for a Tucson police officer who was denied compensation for his claim of job-induced post-traumatic stress disorder, said it's unclear whether the court's opinion simply reaffirms the state Legislature's right to limit workers' compensation benefits or "takes our workers' compensation law back 90 years by narrowly defining what an 'injury' and and 'accident' are."
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