Stress, anxiety fail to result in compensable disability

In Michigan, an employee who expects that despite her performance, the employer can never evaluate and require improvements is not reasonable.

Case name: Drake v. DaimlerChrysler Corp., 24 MIWCLR 169 (Mich. W.C.A.B. 2010).

Ruling: The Michigan Workers' Compensation Appeals Board denied benefits to the worker for a mental disability allegedly caused by stress and anxiety at work due to unfair treatment by her employer, which manifested into physical symptoms.

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What it means: As an adult in the business world, an employee should expect that her performance is going to be evaluated. It is also expected that when working for an employer, an employee must be able to perform her duties to the employer's expectations. To expect that despite her performance, the employer can never evaluate and require improvements is not reasonable.

Summary: The Michigan Workers' Compensation Appeals Board denied benefits to the worker for a mental disability allegedly caused by stress and anxiety at work due to unfair treatment by her employer, which manifested into physical symptoms. She testified that her problems began when she was transferred to a different position that was clearly above her skill level. In denying benefits, the magistrate noted that several years after her last date of employment, the worker still experienced the same physical symptoms that she had when she claimed she had difficulty with her employer. Also significant was that there was documentation that the worker was on antidepressants and anti-anxiety medication prior to the time she began to have problems with her employment. The employer attempted to work with the worker to improve her performance in her position. A single episode of having loose bowels did not create a disability, the magistrate said. Based on this evidence, the worker failed to establish either a work-related event or work-related disability.

Read more at the WorkersComp Forum homepage.

February 3, 2011

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