Medical Conditions: Depression
Hams v. Liberty Northwest Insurance Corporation [2/10/00] 2000 MTWCC 6 WCC WCC resolved conflict in opinions of two physicians to find claimant had not reached MMI because further medical treatment, on a more probable than not basis, would significantly improve claimant's depression and head, neck and myofascial pain. Significant to court's decision to credit one physician were facts that other doctor had not reviewed pre-injury medical records, was not the treating physician, did not address some causation issues, and agreed that a change in medications and elimination of caffeine and tobacco should improve claimant's symptoms. Court ordered reinstatement of TTD benefits retroactive to date of discontinuation. |
McGee
v. State Compensation Insurance Fund [7/22/99] 1999 MTWCC 43 Evidence
from several psychologists and a psychiatrist suggested claimant had
significant psychological disturbances pre-injury, but suffered depression
following his injury when he was no longer able to cope "by working hard to
work off' his aggravations." WCC held that even if claimant's
depression was pre-existing to some extent, it was materially and permanently
aggravated by his injury and was thus compensable. |
Winfield
v. State Compensation Insurance Fund [7/20/99] 1999 MTWCC 41.
Where psychologist's testimony indicated claimant's depression arose from
his disability and pain following injury, the impact of the depression
on his experience of pain and on his ability to work was among the factor's
considered by the Court as indicating PTD. However, the Court noted that
treatment of depression may change claimant's inability to engage in work
on a regular, sustained basis. |
Wall
v. National Union Fire Ins. Co. [2/24/98] 1998 MTWCC 11 Where
psychologist opined that claimant's depression was in response to the
life adjustments necessitated by his injury and to the frustrations resulting
from the continuing court processes that have been necessary to redress
his injury, and insurer's conduct in adjusting the case was not reasonable,
the depression was related to his injury and its treatment compensable.
|
Peterson
v. State Comp. Ins. Fund [11/23/94] 1994 MTWCC 105 Although
the 1987 Legislature amended the definition of compensable injuries to
exclude mental conditions “arising from (a) emotional or mental stress;
or (b) a non physical stimulus or activity,” mental conditions
remain compensable when caused or aggravated by physical injuries meeting
the statutory definition of compensable industrial injury. Where persuasive
psychiatric evidence indicated that claimant suffered from depression
or a somatoform disorder caused by his physical injury, he is entitled
to ongoing temporary total disability benefits as long as he is disabled
by the resulting mental condition, but those benefits are conditioned
on him following reasonable medical and psychological advice. Given medical
evidence, including evidence that claimant improved previously when on
psychiatric medication, a psychiatric referral is appropriate if not
essential. |