Learn about the rise in work-related stress claims, legal challenges, claim types, and strategies to manage costs in workers’ comp.
In recent years, work-related stress claims have been one of the fastest-growing segments of the workers’ compensation system. Employers continue to receive an increasing number of occupationally induced stress claims from their employees. This epidemic has caused an upward spiral in insurance costs to investigate, defend, and prevent these claims. This topic will address many of the difficult issues that arise when handling a work-related stress claim, including legal burdens of proof, various types of stress claims, and available benefits. This material will also provide an overview of this epidemic while assisting workers’ compensation in handling the defense of these claims to reduce or eliminate costs.Learning Objectives
- You will be able to review what an occupational stress claim is.
- You will be able to discuss legal burdens of proof.
- You will be able to identify contested types of work-related stress claims.
- You will be able to describe defense of stress claims by employers.
Agenda
Stress Epidemic- Work-Related Stress Claim Statistics
- Costs of Stress in the Workplace
- Physical Stress Injuries
- Emotional/Mental Stress Injuries
- Mental/Mental Stress Injuries
- Abnormal Working Conditions
- Various State Burdens of Proof for Occupational Stress Claims
- Discussion of Retaining an Expert
- Providing Expert With Factual Background
- Records and Information for Assessment
- Existence of Causal Relationship of Alleged Stress and Employment
- Post-Traumatic Stress Disorder (PTSD)
- Panic Attacks and Anxiety Disorders
- Bipolar Disorder or Clinical Depression
- Stress-Related Cognitive Impairment
- Medical Treatment
- Temporary Disability Benefits
- Permanent Disability Benefits
- Factual Investigation, Recordkeeping and Personnel File
- Performance Problems or Personality Differences
- Index (CIB) Search for Other Claims
- Motivational or Misbehavior Issues
- Reasonable Accommodations and Prevention
Speaker(s)
Zachary M. Rubinich, Esq.Rawle & Henderson LLP
- Partner in the Philadelphia office of Rawle & Henderson LLP
- Over twenty years of experience in the field of workers’ compensation
- Defends and counsels a variety of businesses, insurers, and third-party administrators against workers’ compensation claims in Pennsylvania
- Assists clients in identifying ways to control rising workers’ compensation costs without litigation
- Certified as a Workers’ Compensation Law Specialist as authorized by the Supreme Court of Pennsylvania
- J.D. Degree, Widener University Commonwealth Law School; B.A. Degree in political science and government, Lycoming College
Rawle & Henderson LLP
- Of Counsel at Rawle & Henderson LLP and a member of the firm’s workers’ compensation practice group
- Practice focuses exclusively on workers’ compensation cases
- Previous experience includes handling cases for both employers and employees in civil and workers’ compensation matters
- Regularly handles workers’ compensation matters from start to finish, which includes guiding clients through the case process, interacting with expert witnesses, preparing for depositions, mediations, hearings, and appeal proceedings
- Admitted to practice in New Jersey, New York, and Pennsylvania
- J.D. Degree, Rutgers School of Law; B.S. Degree, California State University Dominguez Hills
