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medical leave for assault/harrassment at work
#4
Yes! However, I believe it is the only work related injury that is not considered "no fault". The employee has to "prove" the stress injury was/is work related.

Q. What is a stress claim?
A. A psychiatric injury is compensable if it is a mental disorder that caused a disability or the need for medical treatment, based on a diagnosis using language and criteria accepted nationally by practitioners in the field of psychiatric medicine.

For a psychiatric injury claim to be compensable, however, the following must apply:

The employee must have been employed for at least six months (need not be continuous) unless the psychiatric injury is caused by a sudden and extraordinary employment condition.
The employee must demonstrate by a preponderance of evidence that actual events of employment were predominant (not less than 51%) as to all contributory causes.
For employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee must demonstrate by a preponderance of evidence that actual events of employment were a substantial cause (35-40%) of the injury.
No compensation is due in the following situations:

Claim is filed after notice of termination or layoff unless special conditions exist.
Psychiatric injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action.
Let Go, and Let God......
 
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Messages In This Thread
RE: medical leave for assault/harrassment at work - chrischris - 08-12-2009, 01:01 PM

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