Compensable psychological injuries must still rise to the level of recognizable psychiatric illness
Not exact matches
Because of the novelty of the claims at the time, we were among the first to challenge the medical and
psychological basis of multiple chemical sensitivity syndrome as a
compensable injury.
The Commission concluded that «[i] n order for a purely
psychological injury to be
compensable, the
psychological trauma must be related to either a physical
injury or a sudden shock or fright caused by circumstances placing the claimant at risk of harm.»
In the latter cases the
psychological injury will be
compensable on the basis of a pre-existing thin skull, except only in cases where the
psychological problem is so dominant as a pre-existing condition and the
injuries sustained in the accident are so trivial that the accident can no longer be said to be a sufficient cause in law to support an award of damages on the basis of proximate cause.
All of these physical,
psychological, and financial
injuries are
compensable damages.