The Minnesota Workers Compensation Court Of Appeals has established that employees who develop depression as a result of stress at work cannot get their psychiatric and medication paid by workers compensation because there is no “physical” injury.  These are called “mental-mental” cases.  However if a physical injury (for example, a low back injury) causes pain and disability that contributes to the cause of a psychological condition, the psychological condition is then covered.  These are called “physical-mental” cases.

I recently attended a meeting for lawyers who represent employees. One of the lawyers reported that he had a decision from a lower level judge, that is, not the Workers Compensation Court of Appeals, awarding payment for depression in a “mental-mental” case.  That case was won on the argument that there are actual physical changes in the brain caused by the depression, therefore making it a “physical” injury.  New research adds proof to the argument that a psychiatric diagnosis, specifically PTSD, changes the brain structure. Such evidence would support a claim for a “mental-mental” injury.

To see related posts on workers compensation claims and depression check out here and here.