Claim Id # Y-260258
08/27/2001
Filed injury report with employer for Mental Stress. Mental Stress injury accepted and signed by General Manager, Mike Battistoni. He wrote no objections, or plan of corrective actions on this form.
UNKNOWN DATE
In first phone contact with Claims Manager Claimant was told the the Dept. of L&I does not accept Mental Stress or Plantar Fasciitis as occupational injuries.
10/09/2001----------(Oversight by Claims Manager)
Claim for Mental Stress denied by Claims Manager, per RCW 51.08.142 and WAC 296-14-300. Claims Manager did not take into account of the significant decesion of the Washington State Industrial Insurance Board of Appeals,
For a worker to establish an occupational disease claim based on mental stress (1) the stress must be objectively corroborated, not just a product of the worker's own subjective perceptions; (2) the stress must be a requirement or condition of the worker's employment, not just a condition occurring coincidentally at work; (3) the stress must arise out of and in the course of employment; (4) the stress must be different from the stress attendant to normal everyday life and all employments in general, i.e., the stress must be unusual; and (5) the stress must be a cause of the worker's psychiatric condition in the sense that, but for the workplace stress, the worker would not be suffering from the psychiatric condition or disability. [Post-Dennis; pre-WAC 296-14-300] ....Ann Woolnough, 85 2816 (1990) Occupational Disease RCW 51.08.140