Psychic Harm and Workers Comp Flashcards
intentional infliction of emotional distress
- intentionally/recklessly
- extreme & outrageous
- actions CAUSED emotional distress
- emotional distress is SEVERE
(“tort of outrage”: reasonable person, objective standard)
negligent infliction of emotional distress
- not accepted in all jurisdictions
- legal duty to use reasonable care to avoid inflicting emotional harm
impact rule
Mitchell v Rochester Railway, 1896
“physically injurious impact” required
Mitchell v Rochester Railway, 1896
“No recovery can be had for injuries sustained by fright occasioned by the negligence of another, where there is no IMMEDIATE PERSONAL INJURY.”
Origin of “impact rule”
zone of danger
- must be close to the incident
- high risk of physical impact
- fear for own safety
- may have “close relative” requirement
forseeability
- “relative bystander” test
- Dillon v Legg, 1968
- was plaintiff located near scene?
- did shock -> emotional impact?
- were plaintiff & victim closely related?
Dillon v Legg, 1968
David Legg struck & killed kid. Kid’s sister was nearby, and M witnessed event. M sued for emotional damages.
“Relative bystander” test:
- was plaintiff located nearby?
- did shock -> emotional impact?
- were plaintiff & victim closely related?
product liability
- issue of foreseeability
- distress results from manufacturer’s negligence
worker’s comp criteria
- affects earning power
- arises “out of” and during employment
- occurs by accident
employer defenses in tort claims (reason we need worker’s comp)
- contributory negligence
- assumption of risk
- fellow servant rule
worker’s comp claims process
- worker gives notice
- preponderance of the evidence standard (civil)
- hearing officer determines extent of injury
- payment for portion of lost wages (typically 2/3)
types of compensation in worker’s comp
- permanent total disability
- permanent partial disability
- temporary total disability
- temporary partial disability
types of mental injury causation
physical-mental
mental-physical
mental-mental
Carter v General Motors
Michigan SC, 1960
Assembly line job stress caused paranoid schizophrenia. WC award upheld by the court.
workers comp vs tort law
- administrative v judicial decisions
- created by statutes v courts
- fault vs no fault needed
- compensates lost earnings vs all damages
- damages are fixed vs open-ended
evaluation of psychiatric damages
Distinguish b/w “emotional distress” & “mental disorder.”
Emotional distress claims may include general symptoms of distress and may not require expert witness. In mental disorder claims, evaluate presence of mental disorder, using structured guideline if required.
degrees of mental injury causation
degree of relationship of trauma to harm:
- sole cause
- major precipitating factor
- aggravating factor
- minor factor
- unrelated
