Compensability of Mental Injuries in Arizona

Do You Know the Rule?

In Arizona, many employers are likely to face a workers’ compensation claim for mental injuries at some point. Workers seeking compensation for these injuries have a high standard to meet. But to avoid claims that lack true merit, it’s helpful for employers to know that standard – and how to show that it has not been met.

Learn about compensability in Arizona or across the U.S. on Simply Research

Burden of Proof

The claimant has to establish all elements of a mental injury claim. Employers should still be prepared to respond by show that one or more of those elements has not been met, in the event that a judge decides that the employee has a case.

General Standard for Compensability

A mental injury arises out of and in the course of employment, and thus is compensable, if the claimant shows that:

1. The work-related stress was a substantial contributing cause of the injury; and 

2. The work-related stress was unexpected, unusual, or extraordinary. 

A.R.S. § 23-1043.01(B).

Substantial, Contributing Cause

To establish this element of the above standard, the employee will have to show that the stress or event was a significant factor in causing the mental illness or condition. 

Unexpected, Unusual, or Extraordinary

When determining whether an injury-causing event is unexpected, unusual, or extraordinary, judges consider whether a reasonable person with the same or similar job duties and training as the claimant would view it as such.

The key question is whether the work-related event imposed stress on the employee that was unexpected, unusual or extraordinary. If the stress is inherent in the job – for example, the stress a paramedic might experience responding to a car accident involving serious injuries – then it is not compensable. This is because it is, at least for that employee, a normal aspect of the job.

Lessons for Employers

When writing job descriptions and employment contracts, detail the types of stressful events an employee may face as a component of the particular position.

When evaluating or defending against a mental illness injury claim, consider whether the employee was involved in similar events in the past while working for the employer and how the employee responded to those incidents.

When evaluating or defending against a claim, try to obtain medical and mental health treatment records. This is not only to confirm a diagnosis of the mental condition the employee claims to have (such as PTSD or generalized anxiety disorder). It may be useful in identifying when the employee’s mental health concerns began and what caused them. It’s always possible that incidents outside of work, rather than the stressful event at work, triggered the challenges.

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