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[The following notes background and discussion points from a series of sessions Disability Management undergraduates completing a 4 th year course on Workplace Insurance and Benefits. Part 1 explores the reasons for the lack of trust in disabilityinsurance. The trust gap is not unique to the disabilityinsurance sector.
Many workers’ compensation jurisdictions and work-disabilityinsurers have noted increasing mental disorder (also called psychological injury, mental injury) claims over time. Similar terms in different jurisdictions may or may not carry the exact meaning or definition.
The apparent rise in mental disability claims is a significant issue for disabilityinsurers and workers’ compensationsystems. The observed rise in workers’ compensation claims for mental injury must be interpreted in context. Here is a brief recap of our discussion so far.
On the disabilityinsurance side, this shift has meant changes to policies and procedures. While not everyone has access to disability plans, insured parties want clarity of the coverage; insurers need clear procedures to approve coverage. Definitions and criteria for PTSD have changed over time.
In the accompanying slides and in some responses, I provide additional references as a starting point for understanding and comparing initial workers’ compensation. All workers’ compensationsystems pay the same rate for lost wages…right? A more obvious issues relates to the definition of any “initial period” of TTD.
To forestall this eventuality, the majority of North American workers’ compensation jurisdictions adjust periodic payments (sometimes called workers’ compensation pensions or permanent disability payments) to account for increases in the cost of living. The geographic qualification to the definition of the CPI is fairly common.
The adjudicative decision for a workers’ compensation claim will become more complex as the risk differential between work and non-work exposures equalize. In either case, the complexity of determining the work-relatedness question can mean extensive investigation, cost and delay in reaching a decision.
The Legal Challenge At the time, the Texas Workers Compensation Act, Section 1, Article 8309, Subsection 5, defined injury as damage or harm to the physical structure of the body. First, the court examined the legislatures choice to use both damage and harm in the statutory definition.
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