Post-Traumatic Stress Disorder (PTSD) Coverage and other Expanding Benefit Changes in the Workers’ Compensation Insurance Marketplace: Academic Legal Perspective

17 Pages Posted: 1 Jan 2020

See all articles by Michael C. Duff

Michael C. Duff

University of Wyoming College of Law

Date Written: December 12, 2019

Abstract

This paper discusses the increased use of causation presumptions in workers' compensation cases involving firefighters and other first responders. It also considers increasing workers' compensation coverage of post traumatic stress disorder with respect to those same categories of workers.The paper discusses how workers' compensation coverage of certain conditions tends to parallel the growth of potential tort liability, observes that disease presumptions were a feature of early 20th century workers' compensation statutes (and so are not new), and argues that recognition of workers' compensation "mental-mental" claims has been consistent with "zone of danger" expansion of the negligent infliction of emotional distress cause of action.

Keywords: firefighter presumptions, post-traumatic stress disorder, workers' compensation, quid pro quo, Grand Bargain, negligent infliction of emotional distress, occupational disease

JEL Classification: K13, K23, K31, K32, I13

Suggested Citation

Duff, Michael C., Post-Traumatic Stress Disorder (PTSD) Coverage and other Expanding Benefit Changes in the Workers’ Compensation Insurance Marketplace: Academic Legal Perspective (December 12, 2019). Available at SSRN: https://ssrn.com/abstract=3502297 or http://dx.doi.org/10.2139/ssrn.3502297

Michael C. Duff (Contact Author)

University of Wyoming College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
39
Abstract Views
306
PlumX Metrics