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Claim Denied for Workers’ Compensation for Mental Health Treatment

Mental Health Workers' compensation lawyer

Experienced Mental Health Workers’ Compensation Lawyer

On April 3, 2019, the First District Court of Appeal for the State of Florida decided against a workers’ compensation claimant who sought benefits for psychological treatment more than six months after he had attained maximum medical improvement. The workers’ compensation statute in Florida precludes benefits for temporary psychiatric injuries after this six-month period has passed. The plaintiff in the case sought to overturn this statute and to receive benefits after the statutory time limit had passed.

A Claim for Temporary Disability

In the case of William Kneer v. Lincare and Travelers Insurance, Kneer claimed workers’ compensation for an injury that occurred on June 30, 2014. Kneer sustained serious injuries to his back that required surgical intervention. In January 2016, the physicians determined that he had achieved maximum medical improvement. Kneer was given a 10-percent permanent impairment and work restrictions on lifting, carrying and standing.

In August 2017, Kneer filed for psychological treatment benefits under Florida workers’ compensation for depression related to his serious back injury. The employer agreed to authorize treatment. Kneer then filed a petition for benefits requesting temporary partial disability dating back to the initial date of maximum medical improvement in January 2016. This was denied based on a lack of evidence for the temporary disability as well as the state statutes, which do not allow temporary benefits for psychiatric injuries once six months from the assessment of maximum medical improvement has elapsed.

The Court of Appeal Ruling

The higher court ruling upheld the previous court’s decision and determined that the mental health issues experienced by Kneer were not eligible for temporary partial disability under Florida workers’ compensation regulations. The delay between the determination of maximum medical improvement and the request for temporary disability was the primary reason for the denial of Kneer’s claim.

For those who are experiencing issues after a traumatic injury on the job, working with a mental health workers’ compensation lawyer is often a good first step toward ensuring fair compensation for psychological treatment needs. Your mental health workers’ compensation lawyer will work with you to determine the right approach for your case and your claims.

Your Mental Health Workers’ Compensation Lawyer

If you need the services of a qualified mental health workers’ compensation lawyer, the Law Office of David Abramovici can provide you with the most practical and assertive representation for your legal needs. We work with you to determine the right approach and to make sure that your claims and requests for disability are handled in a timely manner. Call our office today at 1-888-833-2843 or 954-962-6751 to schedule a free initial consultation. We are here to serve your legal needs.