The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. Certified attorneys have demonstrated superior knowledge, skill and integrity in their specific field and can use the designation of specialist to advertise their credentials. The MSBA has been accredited as an independent professional organization for certifying attorneys as Criminal Law Specialists, Real Property Law Specialists, Civil Trial Law Specialists and Labor and Employment Law Specialists. This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys. More information about Certified Legal Specialists is at http://www2.mnbar.org/certify.

With over 16,000 members, the MSBA is the state’s largest and most influential voluntary organization of attorneys, providing continuing legal education and public service opportunities for lawyers, and assistance to the legal system. The MSBA has been accredited as an independent professional organization for certifying attorneys as Civil Trial Law Specialists since 1989.

Shamus has been through many crises with public officials, including representing two Minnesota school districts involved with school shooting incidents..  He works with state and national departments of education, school boards associations, mental health and law enforcement agencies to promote safety and violence prevention in schools and on campuses.  He recently completed his second term on the National Council of School Attorneys Board of Directors.  In addition to representing school districts, Shamus serves as a school safety consultant and expert witness for educational institutions, conducts safety audits, reviews crisis management plans and policies and provides recommendations and testimony involving claims and litigated matters.

On April 18, 2013, the Minnesota Workers’ Compensation Court of Appeals (WCCA) reaffirmed precedent going back three decades and held that Minnesota does not allow mental stress claims. 

In Schuette v. City of Hutchinson, employee, a police officer, responded to an emergency call involving a twelve-year-old girl who fell out of a truck and struck her head on the pavement.  The employee attempted to resuscitate the girl and realized he knew the girl and her family.  The officer drove the ambulance to the hospital and the girl was airlifted to another hospital, where she was pronounced dead.  While at the hospital, the employee felt sick and experienced “dry heaves.”  He participated in police department debriefing sessions but later experienced a variety of symptoms, including difficulty sleeping, nightmares, anxiety, panic attacks, mood swings, irritability, flashbacks, headaches, hyper-vigilance, and forgetfulness. He did not seek treatment for about three years.

The employee underwent extensive treatment for his symptoms and received a post-traumatic stress disorder (PTSD) diagnosis from various providers, including doctors, psychiatrists, neuropsychologists, and clinical psychologists.  Based on the evidence presented, Compensation Judge Dan Kelly found the employee developed symptoms of PTSD after the work incident.  The judge expressly accepted the medical opinions of Dr. Paul Arbisi and Dr. Ronald Groat and found PTSD a mental disability which did not result in a physical injury and was therefore not compensable under Minnesota’s workers’ compensation law.  The WCCA, in an opinion written by Chief Judge Milun, found Judge Kelly relied on substantial evidence and well-established reasoning under Lockwood to make his determination and affirmed it.

In Minnesota, compensation claims involving mental conditions fall into three groups: mental trauma resulting in physical injury, physical trauma resulting in mental injury, and mental trauma resulting in mental injury.  Lockwood v. Independent School District No. 877, 312 N.W.2d 924 (Minn. 1981).  Minnesota recognizes claims which fall in the first two categories. In Lockwood, the Minnesota Supreme Court found the legislature did not contemplate the third category of “mental-mental” claims when it enacted the Minnesota Workers’ Compensation Act; therefore, a mental injury caused by job-related stress without physical trauma is not a compensable claim under Minnesota law.

In dicta, the WCCA panel mentioned 32 states provide compensation in cases of mental stress with no physical injury.  The panel also stated the Lockwood case seems “an increasingly isolated position in workers’ compensation law.”  Minnesota may soon join the majority of states in providing compensation for some mental stress claims. The Minnesota Legislature is considering new legislation that would expand the definition of occupational disease and personal injury to encompass “mental impairment.”  The proposed definition of mental impairment is “a diagnosis of Post-traumatic Stress Disorder by a licensed physician or psychologist… and means the condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.”  The proposed legislation states mental impairment is not considered a disease if it results from “a disciplinary action work evaluation, job transfer, lay off, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.”

While Schuette affirms Minnesota workers compensation precedent by denying compensation for a claim of mental stress without physical injury, the Legislature may amend the Minnesota Workers’ Compensation Act to allow compensation for claims of PTSD without physical injury. We are monitoring this and other workers’ compensation legislation and will promptly notify you of any substantial changes in Minnesota workers compensation law.

If you have any questions regarding this decision or other liability issues, please contact Mr. Hopewell at pshopewell@olwklaw.com or at (952) 806‑0432.

Shamus works with schools and educational institutions to assess their safety and security needs and develop effective emergency management programs and mitigate risks.   Shamus O’Meara – Emergency Management