Psychic Harm and Workers Comp

Question 1

intentional infliction of emotional distress

Answer 1

• intentionally/recklessly
• extreme & outrageous
• actions CAUSED emotional distress
• emotional distress is SEVERE
  (“tort of outrage”: reasonable person, objective standard)

Question 2

negligent infliction of emotional distress

Answer 2

• not accepted in all jurisdictions
• legal duty to use reasonable care to avoid inflicting emotional harm

Question 3

impact rule

Answer 3

Mitchell v Rochester Railway, 1896
“physically injurious impact” required

Question 4

Mitchell v Rochester Railway, 1896

Answer 4

“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”

Question 5

zone of danger

Answer 5

• must be close to the incident
• high risk of physical impact
• fear for own safety
• may have “close relative” requirement

Question 6

forseeability

Answer 6

• “relative bystander” test
• Dillon v Legg, 1968
• was plaintiff located near scene?
• did shock -> emotional impact?
• were plaintiff & victim closely related?

Question 7

Dillon v Legg, 1968

Answer 7

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?

Question 8

product liability

Answer 8

• issue of foreseeability
• distress results from manufacturer’s negligence

Question 9

worker’s comp criteria

Answer 9

• affects earning power
• arises “out of” and during employment
• occurs by accident

Question 10

employer defenses in tort claims (reason we need worker’s comp)

Answer 10

• contributory negligence
• assumption of risk
• fellow servant rule

Question 11

worker’s comp claims process

Answer 11

• worker gives notice
• preponderance of the evidence standard (civil)
• hearing officer determines extent of injury
• payment for portion of lost wages (typically 2/3)

Question 12

types of compensation in worker’s comp

Answer 12

• permanent total disability
• permanent partial disability
• temporary total disability
• temporary partial disability

Question 13

types of mental injury causation

Answer 13

physical-mental
mental-physical
mental-mental

Question 14

Carter v General Motors

Answer 14

Michigan SC, 1960
Assembly line job stress caused paranoid schizophrenia. WC award upheld by the court.

Question 15

workers comp vs tort law

Answer 15

• 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

Question 16

evaluation of psychiatric damages

Answer 16

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.

Question 17

degrees of mental injury causation

Answer 17

degree of relationship of trauma to harm:
- sole cause
- major precipitating factor
- aggravating factor
- minor factor
- unrelated