Tag Archives: Stress

Mental Stress Claims: Time for the Higher Standard to Go?

Workplace stress is unavoidable. From continual deadlines to unreasonable employers to difficult co-workers, most everyone experiences levels of stress and frustration in their daily job. What if the “normal” situation escalates? An incessant, berating boss. A direction to engage in unethical or fraudulent activities.  Witnessing a crime—or even a death—on the job. Any of these events could cause significant psychological difficulties, medical treatment, and lengthy work absences. Is worker’s compensation available?

Wisconsin does recognize these non-traumatic mental stress claims (so-called “mental-mental” claims), although they are subjected to a higher standard than physical work injuries. (Note: psychological conditions arising from an underlying physical workplace injury—“physical-mental” claims—are handled differently). Under the rules established by the Wisconsin Supreme Court, “mental-mental” claims are subjected to an “extraordinary stress” test for compensability:

mental injury non-traumatically caused must have resulted from a situation of greater dimensions than the day-to-day emotional strain and tension which all employees must experience. Only if the fortuitous event unexpected and unforeseen [the accident or accidental result] can be said to be so out of the ordinary from the countless emotional strains and differences that employees encounter daily without serious mental injury will liability … be found. (School Dist. No. 1, Village of Brown Deer v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974)).

Despite litigation and statutory changes over the years, the School District No. 1 “extraordinary stress” standard remains the governing law of the land. One of the main underpinnings for the higher standard was the Court’s hesitancy in granting compensation for mental injuries. The restrictive standard reflected the Court’s worry that Continue reading

If You’re Going Out To Eat Check Out “Behind The Kitchen Door”

Today’s post comes from guest author from Jon Gelman, LLC – Attorney at Law.

For many celebrating the holiday season is going out to eat for an enjoyable experience. Unknown to many restaurant patrons are the problems of restaurant workers and include:  low wages, occupational stress and lack of medical benefits that requires restaurant workers to go to work sick.

Behind The Kitchen Door exposes the working conditions in the restaurant industry.

“How do restaurant workers live on some of the lowest wages in America? And how do poor working conditions—discriminatory labor practices, exploitation, and unsanitary kitchens—affect the meals that arrive at our restaurant tables? Saru Jayaraman, who launched a national restaurant workers organization after 9/11, sets out to answer these questions by following the lives of ten restaurant workers in cities across the country – New York City, Washington DC, Philadelphia, Houston, Los Angeles, Houston, Miami, Detroit, and New Orleans. Blending personal and investigative journalism, Jayaraman shows us that the quality of the food that arrives at our restaurant tables is not just a product of raw ingredients: it’s the product of the hands that chop, grill, sauté, and serve it, and the bodies to whom those hands belong.

“Behind the Kitchen Door “ is a groundbreaking exploration of the political, economic, and moral implications of eating out. What’s at stake when we choose a restaurant is not only our own health or “foodie” experience, but the health and well-being of the second-largest private sector workforce—the lives of 10 million people, many immigrants, many people of color, who bring passion, tenacity, and important insight into the American dining experience.

Download the 2012 National Diners Guide – See how your favorite restaurant ranks

Are You Suffering From Symptoms Of Chronic Stress? Take the Stress Test!

Today’s post comes from guest author Kit Case from Causey Law Firm.

Signs of Chronic Stress:

Cognitive symptoms

  • Memory problems
  • Inability to concentrate
  • Poor judgment
  • Pessimistic approach or thoughts
  • Anxious or racing thoughts
  • Constant worrying

Emotional symptoms

  • Moodiness
  • Irritability or short temper
  • Agitation, inability to relax
  • Feeling overwhelmed
  • Sense of loneliness and isolation
  • Depression or general unhappiness

Physical symptoms

  • Aches and pains
  • Diarrhea or constipation
  • Nausea, dizziness
  • Chest pain, rapid heartbeat
  • Loss of sex drive
  • Frequent colds

Behavioral symptoms

  • Eating more or less
  • Sleeping too much or too little
  • Isolating oneself from others
  • Procrastinating or neglecting responsibilities
  • Using alcohol, cigarettes, or drugs to relax 

Take the Stress Test for Adults:

Thomas Holmes and Richard Rahe in 1967, examined the medical records of over 5,000 medical patients as a way to determine whether stressful events might cause illnesses. Patients were asked to tally a list of 43 life events based on a relative score. A positive correlation was found between their life events and their illnesses.

Their results were published as the Social Readjustment Rating Scale (SRRS), known more commonly as the Holmes and Rahe Stress Scale.

To measure stress according to the Holmes and Rahe Stress Scale, the number of “Life Change Units” that apply to events in the past year of an individual’s life are added and the final score will give a rough estimate of how stress affects health.

Note: the table, below, is from the Wikipedia page on this subject.  For a fee of $5.00, you can go directly to Dr. Rahe’s website and obtain the full test materials as well as background information and details of this and other products and services available.

To measure stress according to the Holmes and Rahe Stress Scale, the number of “Life Change Units” that apply to events in the past year of an individual’s life are added and the final score will give a rough estimate of how stress affects health.

Life event Life change units
Death of a spouse 100
Divorce 73
Marital separation 65
Imprisonment 63
Death of a close family member 63
Personal injury or illness 53
Marriage 50
Dismissal from work 47
Marital reconciliation 45
Retirement 45
Change in health of family member 44
Pregnancy 40
Sexual difficulties 39
Gain a new family member 39
Business readjustment 39
Change in financial state 38
Death of a close friend 37
Change to different line of work 36
Change in frequency of arguments 35
Major mortgage 32
Foreclosure of mortgage or loan 30
Change in responsibilities at work 29
Child leaving home 29
Trouble with in-laws 29
Outstanding personal achievement 28
Spouse starts or stops work 26
Begin or end school 26
Change in living conditions 25
Revision of personal habits 24
Trouble with boss 23
Change in working hours or conditions 20
Change in residence 20
Change in schools 20
Change in recreation 19
Change in church activities 19
Change in social activities 18
Minor mortgage or loan 17
Change in sleeping habits 16
Change in number of family reunions 15
Change in eating habits 15
Vacation 13
Christmas 12
Minor violation of law 11

Score of 300+: At risk of illness.

Score of 150-299+: Risk of illness is moderate (reduced by 30% from the above risk).

Score 150-: Only have a slight risk of illness.

 

Recommended methods for relieving chronic stress include exercise (which can be modified to accommodate physical restrictions after an injury), meditation, music therapy, breathing techniques, and such simple things as companionship – from a pet, friend or family member.

 

Mental Injuries in Workers' Compensation

 From time to time, headline stories appear in the national news about workers claiming compensation benefits for “mental stress” injuries.  Most recently “former professor claims years of mistreatment by colleagues cause mental health breakdown – denied benefits”.  These stories often add fuel to the fire that workers are filing claims that do not have merit. Since objective standards such as x-ray and MRI do not exist in work-related mental injury cases, establishing causation has always been problematic, provoking some skepticism from the courts.

Wisconsin is one of a handful of States that recognize mental injury in all its forms: physical trauma causing mental injury (“Physical—Mental”), non-traumatic mental stimulus causing mental injury (“Mental—Mental”) and mental stimulus causing physical injury (“Mental—Physical”).  Continue reading