Comment by Anthony Michael Stiegler
A split in the laws of the states exists on the issue of whether an employee who suffers a psychological disability caused solely by job-related mental stress should be awarded benefits under the applicable worker's compensation statute. This comment addresses the issue and focuses particularly on the worker's compensation statute and case law in Louisiana. The first half of this comment provides an overview of the issue and describes the analyses employed by courts in states other than Louisiana. The second half addresses the issue as it has been decided in Louisiana.
Section I sets out the historical background of worker's compensation and the origins and purposes of the worker's compensation laws in the United States. Section II outlines the analyses that have been previously applied to cases of this nature. Section III details the limitations and thresholds that a claimant must overcome before a compensation award can be granted. Section IV begins the second half of this comment and focuses on the statutory parameters in Louisiana and their interpretation by the Louisiana courts. Section V proposes a substantive and procedural test intended to help the courts, bar, and legislature in future determinations of this issue. Section VI concludes that, under certain circumstances, Louisiana should accept the argument that a psychological disability caused by job-related mental stress is a compensable disability.
About the Author
Anthony Michael Stiegler.
Citation
60 Tul. L. Rev. 651 (1986)