Several years ago there was a tragic event involving a postal worker who was making her deliveries when a man appeared before her and took his own life with a gun. The postal worker was delivering mail to the man's house and he apparently wanted someone to see him depart this earth. Due to witnessing this event the postal worker became depressed and could no longer perform her job. While her claim would be subject to federal workers' compensation laws, this type of scenario illustrates that tragic events on the job can cause a person to suffer a mental injury under Tennessee work comp. law.
Tennessee case law defines mental injuries as follows:
In Turner v. Bridgestone/Firestone North American Tire, LLC, 2010 Tenn. LEXIS 146 (Tenn., March 2, 2010) (attached) The Tennessee Supreme Court held, “The Tennessee Supreme Court has long recognized two factual situations in which employees may recover workers’ compensation benefits for mental disorders. First, recovery has been allowed for a mental injury by accident or occupational disease, standing alone, if the mental disorder is ‘caused by an identifiable stress, work-related event that produces a sudden mental stimulus such as fright, shock, or excessive unexpected anxiety.’” Ivey v. Trans Global Gas & Oil, 2 S.W.3d 441, 447 (Tenn. 1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W.2d 483, 488 (Tenn. 1997); Batson v. Cigna Prop. & Cas. Cos., 874 S.W.2d 566, 570 (Tenn. 1994). Second, compensation for psychological disorders has been allowed when an employee sustains a compensable work-related injury by accident and thereafter experiences a mental disorder which is caused by the original compensable work-related injury. Batson, 874 S.W.2d at 570.
Shocking events which result in mental impairment qualify for benefits under Tennessee workers' compensation laws. If you believe you have suffered a mental injury on the job, or any type of work injury, please call The Work Comp Team at Cody Allison & Associates at (615) 234-6000 for a free consultation. You can also visit our website at workcompteamtn.com. Call 24/7.
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