When, Why and How to Rebut and Defend Against PTSD Presumptions
In October of 2021, Dr. Heredia presented to the National Worker’s Compensation Disability Conference on risk assessment and PTSD. Here are some of the takeaways from that session.
Description
There’s been a significant shift in mental injury claims across the country. Presumption laws pertaining to PTSD cover police, firefighters and peace officers place the burden on employers to disprove industrial causation. This panel session will provide the perspectives of a psych expert, a legal approach and the viewpoint from a claims administrator, exploring, from a forensic expert standpoint, the components required in workers' comp psych reports to establish substantial evidence of a PTSD diagnosis. Understand which employees are subject to the presumption, and the legal defenses available to employers to successfully rebut and defend against questionable claims.
Track(s)
Learning Objectives
• Understand the DSM criteria to correctly diagnose a PTSD, and how to recognize the major flaws in Psych QME/AME/IME Reports diagnosing PTSD
• Understand the practical impact the Presumption has on claims handling
• Understand that viable defenses still exist, and how to build a case for rebuttal of the Presumption