Compensability of Mental Injuries Induced by Mental Stimulus Under Texas Workers’ Compensation Law – A Time for Change

Explores the issues surrounding mental-mental claims, considers the actions of other jurisdictions on this issue, and suggests that the Texas workers' compensation system could be rendered more equitable by allowing compensation for the presently excluded mental-mental claim. The Texas worker’s compensation act relates to a time when workers were denied recovery for physical injury on narrow grounds and shifting defenses, which favored only the employer. The workplace has changed considerably since the enactment of the law, but the law has changed little. Texas should join the increasing number of states that have extended compensation to all mental injuries arising from mental stimuli in the workplace. By doing so, the purpose of workers' compensation in protecting employer and employee alike will be served.