Question

Is it uncommon for a carrier to treat TBI as a mental health condition?

Asked on March 3rd 2016 by Katy
In relation to your Hartford case above or in your experience have you seen insurance companies try to characterized cognitive impairments due to a traumatic brain injury (TBI) as a mental condition? As it is very common to encounter claimants that experience depression due to the TBI or due to an impairment resulting from a physical disability or deformity.

Answer

Answered on March 4th 2016 by Attorney Stephen Jessup

Katy, it is not uncommon for a carrier to try to characterize it as a mental health condition until such time brain imaging shows it is organic in nature or stemming from a physical injury.