(2) Traumatic Brain Injuries
Traumatic brain injuries give rise to psychiatric diagnoses, but because of their origin in organic brain injuries they are not included in typical discussions of mental trauma, which are based not on the field of medical specialty involved, such as psychiatric care, but rather on whether the cause of the disorder is physically traumatic or mentally traumatic. However, this will be discussed in some more detail below under lifetime income benefits.
(3) Follow-on Mental Trauma: Direct and Natural Result
Direct and natural result mental trauma claims have become widespread within the system. For reasons outlined in the introduction, mental trauma appears to be simply a part of the workers' compensation system for many participants.
The Appeals Panel has implicitly recognized this, and the case law has limited recovery in response to how broad the factual circumstances involved in most claims could justify coverage.
The Appeals Panel has required a showing that there is a causal connection between the claimant's injury and the psychological diagnosis, rather than the workers' compensation system or claims process. But evidence that the claimant's depression is caused by the physical limitations or impairment from the injury, or the reduced earning capacity caused by the injury, are sufficient to justify inclusion of depression in the compensable injury.[25]
Similarly, pain and dysfunction caused by the injury fall within the realm of covered causes for a mental trauma condition.[26] Because dealings with the workers' compensation system and stress from denials and the dispute process are not covered, this can be a trap for the unwary claimant, who is too often abundantly willing to take to the stand and rail against the insurance carrier and how its ceaseless disputes and delays have caused all his depression and anxiety.
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