Minnesota Lawyer
Civil
Workers’ Compensation
Diagnosis
The issue raised in this appeal was whether an employee demonstrates “disablement . . . resulting from an occupational disease” under Minn. Stat. § 176.66, subd. 1, when he formerly had, but no longer has, a diagnosis of post-traumatic stress disorder (PTSD) by a licensed professional using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (presently, the DSM 5), as required by Minn. Stat. § 176.011, subd. 15(d). Relator was employed as a deputy sheriff and it was undisputed that from September 25, 2019, to March 30, 2021, relator had a diagnosis of PTSD by a licensed professional and was therefore eligible for workers’ compensation benefits. It was also undisputed that after March 30, 2021, relator no longer had a diagnosis of PTSD. Relator argued that despite the change in the diagnostic label, he was entitled to benefits after March 30, 2021, because he remains disabled from a mental illness. The compensation judge agreed and awarded benefits from April 1, 2020, continuing into the present. The Workers’ Compensation Court of Appeals disagreed and reversed in part, holding that relator was not entitled to benefits after March 30, 2021.
The Supreme Court held that an employee is not entitled to workers’ compensation benefits under Minn. Stat. § 176.66, subd. 1, when the employee formerly had, but no longer has, a diagnosis of PTSD by a licensed professional using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Affirmed.
A22-0792 Chrz v. Mower County (Workers’ Compensation Court of Appeals)
