Saturday, November 24, 2012

ALJ MALAMPHY (NEWPORT NEWS) ORDERS CONTINUING TTD FOR AGGRAVATION OF PREEXISTING PSYCHIATRIC CONDITION


DISCUSSION
The claimant was injured on September 24, 2008 and the employer paid temporary total disability benefits through February 20, 2010. By the later date there were no confirmable organic physical impairments.
The claimant has a psychiatric impairment which has been variously diagnosed as a personality disorder, somatoform disorder, anxiety, depression, conversion reaction, and as schizophrenia.
Dr. Robert Mitchell began treating the claimant in December 2006 for depression and anxiety. This treatment continued into early 2009. Therefore, the claimant had a preexisting psychiatric impairment.
Section 20(a) Presumption.  In this case, the issue is whether or not a preexisting psychiatric disorder was aggravated by the work injury.

Tillett Bond vs. Lamberts Point Docks

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