Recent Cases - Mental Disability

Court of Appeals

Mental Disability

The Court of Appeals resolved another mental disability case in the unpublished decision: Beckes v Detroit Diesel Corp (CA Docket No. 270791, rel’d November 27, 2007). In this case, the employee suffered an undisputed work-related orthopedic injury after lifting at work. He later developed a “somatic delusion” or “neurotic obsession” believing he had continuing back pain related to the lift even though all organic reasons for the back pain had long ceased.

The case was decided many times over the years by different Magistrates and by the Workers’ Compensation Appellate Commission. In its first three decisions, the Appellate Commission had denied benefits. In its last decision, the Appellate Commission awarded benefits. On appeal, the Court of Appeals affirmed.

The Court rejected the employer’s Robertson argument to the effect a reasonable person would not objectively perceive an ongoing work-related back problem. The Court said that: “The fact that plaintiff continued to feel back pain long after the injury healed is his reaction to the actual events, rather than an unfounded perception of events under Robertson.” The Court said that, per Robertson, a claimant’s reaction is to be judged subjectively.