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Work-Related Stress Claims: Overview, the Law, and Strategies for Defense

Learn how you can protect yourself from workplace stress claims.

In recent years, work-related stress claims have been one of the fastest-growing segments of the workers' compensation system. Employers continue to receive an increasing number of occupationally-induced stress claims from their employees. This epidemic has caused an upward spiral in insurance costs to investigate, defend, and prevent these claims. This topic will address many of the difficult issues that arise when handling a work-related stress claim, including legal burdens of proof, various types of stress claims, and available benefits. This material will also provide an overview of this epidemic while assisting workers' compensation in handling the defense of these claims to reduce or eliminate costs.

63 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Stress Epidemic

  • Work-Related Stress Claim Statistics
  • Costs of Stress in the Workplace

Legal Burdens of Proof

  • Physical Stress Injuries
  • Emotional/Mental Stress Injuries
  • Mental/Mental Stress Injuries
  • Abnormal Working Conditions
  • Various State Burdens of Proof for Occupational Stress Claims

Medical Evidence

  • Discussion of Retaining an Expert
  • Providing Expert With Factual Background
  • Records and Information for Assessment
  • Existence of Causal Relationship of Alleged Stress and Employment

Contested Types of Work-Related Stress Claims

  • Post-Traumatic Stress Disorder (PTSD)
  • Panic Attacks and Anxiety Disorders
  • Bipolar Disorder or Clinical Depression
  • Stress-Related Cognitive Impairment

Types of Workers' Compensation Benefits

  • Medical Treatment
  • Temporary Disability Benefits
  • Permanent Disability Benefits

Defense of Stress Claims by Employers

  • Factual Investigation, Recordkeeping and Personnel File
  • Performance Problems or Personality Differences
  • Index (CIB) Search for Other Claims
  • Motivational or Misbehavior Issues
  • Reasonable Accommodations and Prevention
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 15, 2022.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 63 Minutes.
     
  • NJ CLE 1.3
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.3
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.3
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.3
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Zachary M. Rubinich

Zachary M. Rubinich

Rawle & Henderson LLP

  • Partner in the Philadelphia office of Rawle & Henderson LLP with over twenty years of experience in the field of workers’ compensation
  • Defends and counsels a variety of businesses, insurers, and third-party administrators against workers’ compensation claims in Pennsylvania; assists his clients to identify ways to control rising workers’ compensation costs without litigation
  • Based on his extensive experience, he has been certified as a Workers’ Compensation Law Specialist by the Pennsylvania Bar Association
  • During his career, he has handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court, and the Supreme Court of Pennsylvania; he also seeks to recover funds already paid for his clients through both subrogation and the Pennsylvania Supersedeas Fund
  • Proactive in keeping his clients informed about changes in the law and routinely advises employers, carriers, and adjusting companies on claims management strategy, workplace safety, return-to-work programs, employment practices, risk management issues, and case law updates
  • Has been appointed to the following American Bar Association Tort Trial and Insurance Practice (TIPS) leadership positions: vice-chair of the Litigation and Trial Practice Committee; vice-chair of the Appellate Advocacy Committee; member of the Ethics and Professionalism Standing Committee; member of Scope & Correlation; and member of the CLE Board Committee; these appointments became effective in September 2020
  • Past chair of the ABA TIPS Workers’ Compensation and Employers’ Liability Law Committee from 2018-2019; has also served as vice-chair of the Workers’ Compensation committee from 2015 through the present; has served as vice-chair of American Bar Association Standing Committee for Diversity and Inclusion from 2017 to the present
  • Has achieved the highest rating in the Martindale-Hubbell Law Directory for the ninth consecutive year in 2021; has been selected as a 2019, 2020, and 2021 Pennsylvania Super Lawyer and a Pennsylvania Rising Star from 2010-2014 by Super Lawyers; selected as an International Advisory Experts (IAE) Award recipient in 2019 for his accomplishments as a workers’ compensation attorney in Pennsylvania; selected as a Fellow of the College of Workers’ Compensation Lawyers Class of 2020, The College of Workers’ Compensation Lawyers was established to honor attorneys across the United States who have distinguished themselves in their practice in the field of workers’ compensation; inducted as a fellow to the College of Workers’ Compensation Layers in 2020
  • J.D. degree, Widener University Commonwealth Law School; B.A. degree in political science and government, Lycoming College
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 409610
Published 2022
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