I have handled many mental health work comp claims in my career. The claims may relate to anxiety from a stressful work environment. They may relate to depression following a work injury. They may also relate to PTSD from witnessing something horrific on the job, or worse, having something horrific happen to you on the job. In any circumstances, suffice it to say these cases are tough sledding for the claimant.

Under the Michigan Worker’s Disability Compensation Act, a claimant must prove his/her injury or condition arises out of (or is caused by) his/her employment. There is a heightened standard for mental health conditions. Section 301 of the Act states as follows:

“Mental disabilities and conditions of the aging process, including but not limited to heart and cardiovascular conditions and degenerative arthritis, are compensable if contributed to or aggravated or accelerated by the employment in a significant manner. Mental disabilities are compensable if arising out of actual events of employment, not unfounded perceptions thereof, and if the employee's perception of the actual events is reasonably grounded in fact or reality.”

The “significant manner” language from above is where things get difficult. The courts have held that, to measure this, we must compare how much work contributed to the condition with how much the claimant’s non-work, normal life contributed to it.

Obviously, all health conditions are complicated and frequently multi-factorial. After all, a person might not break a bone when they fall down but for their pre-existing osteoporosis, and we can argue whether it was the fall or the pre-existing condition that caused the break.

The complexities and the contributory factors multiply exponentially when we are dealing with a mental health claim. All of us are products of both our environment and our gene pool. Some people are prone to depression, anxiety, trauma reactions, etc. However, that does not mean work cannot be a significant factor in developing or aggravating those conditions to the point that they become disabling.

A person’s mental health treatment history will always be relevant. It will be relevant to know when they started treating for a condition, when it got worse, and when it became disabling. Most important, though, is likely to be the testimony of the treating mental health clinician. If your doctor believes that trauma from work caused or significantly contributed to your condition, his or her testimony may be invaluable in proving your case. For that reason, always err on the side of oversharing with your mental health provider to ensure that he or she knows your full story. It could be the difference in winning or losing your case.