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July 2016 Archives

Workers' Compensation Compensability of a Psychiatric Condition

In 2012, the West Virginia Supreme Court of Appeals decided Hale v. W.Va. OIC, et al., 724 S.E.2d 752. In Hale, claimant had a compensable claim for a back injury. Claimant was later diagnosed with Major Depressive Disorder and other psychiatric illnesses. The treating physician submitted a Diagnosis Update seeking to add depression as a Workers' Compensation compensable condition, and the claim administrator denied the request on several grounds, most pertinent of which was that the initial diagnosis and treatment were not pre-authorized, as required by administrative rule.