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Case Name McKenzie v. Mental Health Care
Date 07/23/2010
Note A claimant and a defendant misunderstood a portion of the Florida Statutes addressing 'mental and nervous' injuries, causing the 1st District Court of Appeal to reverse and remand in an opinion that clarified the statute.
Citation 1D09-3922
WCC Citation WCC 22802010 FL
BARBARA McKENZIE, Appellant, v. MENTAL HEALTH CARE, INC. / SUMMIT CLAIMS CENTER, Appellees. This first provision precludes coverage for mental or nervous injuries caused only by mental trauma. This third provision precludes coverage when a mental or nervous injury (not accompanied by a physical injury requiring medical treatment) causes a subsequent physical injury. If the chronic pain eventually results in the employee suffering a mental or nervous injury requiring treatment, the mental or nervous injury would be compensable as the manifestation of the physical injury. Because these mental or nervous injuries may have occurred at the same time as the physical injuries that required medical treatment, the mental or nervous injuries could only be compensable under the second sentence in section 440. 093(1).

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