G.L. c. 152 Section 1(7A) defines personal injury to include “mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. No mental or emotional disability arising principally out of a bona fide personnel action including a transfer, promotion, demotion, or termination, except such action which is the intentional infliction of emotional harm, shall be deemed to be a personal injury within the meaning of this chapter.”
While injuries arising from emotional stress resulting in disability can be deemed a “personal injury” within the meaning of G.L. c. 152, compensability must be considered on a case by case basis. It is important for the injured employee to be prepared to provide their attorney with a list of specific events leading to his or her disability. Given that emotional injuries are almost always defended as “arising out of a series of bona fide events,” being able to provide legal counsel with names of witnesses, the dates of the events leading up to when the disability occurred, and any other factual information will allow your attorney to assess the merits of your case.
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