Every claim for workers' compensation can result in litigation. However, in a vast majority of cases the employer and the insurance carrier will pay the claim voluntarily. However, if the work-related nature of a claim is in dispute it will require a claim be filed with the tribunal that will hear the dispute. Preparation for this eventuality must be meticulous.
As a paralegal, ask yourself the following questions:
Why would such a claim be denied in the first place?
What do you think an employee should do to assure that such a claim is valid?
How long should an employee allow the work related stress to continue before filing a claim for workers' compensation?
Nancy Jones, who previously suffered from anxiety, sought compensation for stress-related occupational disease. She claimed that the anxiety and stress were due to an oppressive working environment, personality conflicts with her supervisor, and job duties that required her to be spread too thin.
The workers' compensation carrier denies coverage for the claim. Your attorney asks you to draft a memorandum of law in support of your client's case.
Using case law and other legal authority to support your position, draft a memorandum of law for submission to the workers' compensation tribunal in the state of New Jersey.
Based on the above information, answer the following questions:
Does Nancy have a cause of action for workplace induced stress? Why or why not?
What evidence should Nancy and you present to prove her claims?
What remedies does Nancy have against her employer, if any?
Provide your analysis, and draft a legal brief on whether Nancy has a cause of action against her employer, her employer's liabilities, and the remedies available to her. Also include references to case law and statutes where appropriate.