Michigan Disability Claims for Psychological and Emotional Harm Attorneys

Every work environment exerts a certain amount of stress or other emotional pressures on employees. Virtually the entire work force could claim a work related emotional injury based on job duties. Emotional injuries are increasingly becoming a substantial part of not only the employer’s workers’ compensation dollar, but also absenteeism in general. As a result, it is imperative that employers and insurance carriers retain experienced and talented attorneys to defend these claims.

Mental disability claims arguably are the most difficult to assess, defend and win. These types of injuries are addressed in section 418.401(2)(b) of the Michigan statute. In order to prevail in these cases, plaintiffs must prove that work activities significantly contributed to, aggravated or accelerated the alleged mental disability. This standard is markedly different then the standard, orthopedic allegation in workers’ compensation claims and requires special expertise.

The immense challenge faced in defending claims of emotional injuries is arguably a new phenomena. Although older cases required the hearing officer to analyze the case in primarily an objective manner, recent caselaw has altered that approach. Specifically, in Robertson v Daimler-Chrysler Corp., the Michigan Supreme Court held that a successful claim for a work related mental injury requires proof of an actual employment event and that the plaintiff’s perception of that event is not unfounded. Further cases have explained that the “plaintiff’s perception” requirement in Robertson takes into consideration the plaintiff’s preexisting conditions, such that a subjective standard still applies.

Our Practice

Litigation in this area is expensive, as is the cost to the employer or insurance carrier to address the underlying injury. Because of the largely subjective nature of these symptoms, defendants must essentially prove a negative: that the plaintiff either does not suffer from an emotional disability or that any such disability was not caused or aggravated by work activities. As a result, resolution of these problematic claims is often best accomplished without overt litigation and Bleakley, Cypher, Parent, Warren & Quinn facilitates such resolutions. We do so by either responding to specific inquiries from clients, or providing continuing updates as to the pertinent state of the law. However, when litigation becomes necessary, we offer an aggressive strategy and decades of successful trial experience in all venues throughout Michigan.

Mental disability claims provide an unique challenge to the defense attorney. By the very nature of the injury (mental or psychological), the symptom complex is primarily subjective in nature, and unable to be substantiated on an objective basis. Bleakley, Cypher, Parent, Warren and Quinn has defended countless claims of work related mental injuries. Our expertise in the application of the pertinent standards of proof and legal precedent equates to unparalleled expertise in this field.

Contacting Our Attorneys

To speak with an attorney regarding the defense of a mental disability claim – call our Grand Rapids, Michigan, Law Offices at 616-774-2131.