News & Analysis as of

Mental Illness

Wisconsin Releases Draft Waiver Amendment Proposing New Eligibility Requirements

On April 19, 2017, Wisconsin released for public comment a proposed amendment to its BadgerCare Reform Section 1115 demonstration. BadgerCare Reform currently provides coverage to approximately 150,000 childless adults ages...more

Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

by Ruder Ware on

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work. A good example is an employee who suffers from episodes of...more

When A Threat Becomes A Crime

by Ifrah PLLC on

A Miami Beach man was recently accused of threatening President Trump on Twitter. He sent the threat directly to Secret Service, challenging them to stop his Inauguration Day surprise. They did, and Dominic Puopolo, who used...more

What’s Next Under the Congressional Review Act?

As we reported, the House and Senate have passed a joint resolution under the Congressional Review Act disapproving the SEC Resource Extraction Rule and that President Trump was expected to sign the legislation that...more

Sherlock: The Final Problem for Employers

by FordHarrison on

The series 4 finale of Sherlock cleverly illustrates the dangers of allowing the inmates to run the asylum. The show regularly covers behaviors that would alarm any employer, such as Sherlock abusing drugs, firing guns...more

Are Employers Acting on What They Learn from Mass Shootings

by Fisher Phillips on

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained....more

Watch Out For The “Psychopaths”: The Psychopathy Checklist-Revisited (PCL-R)©

Nothing scares a fact finder like the designation that someone is a “psychopath.” The name itself once attributed to a client is a title that an adversary will bludgeon your client with repeatedly in cross examination,...more

A Week of Developments at the EEOC

This past week saw the U.S. Equal Employment Opportunity Commission issue several publications focused on providing informational and compliance updates. On September 27, the EEOC announced the launch of its online...more

Time to Change receives £20 million boost for mental health anti-discrimination campaign

by Dentons on

The Time to Change campaign has received a £20 million boost in additional funding from the Department of Health, Comic Relief and the Big Lottery Fund. Time to Change is an initiative run by charities Mind and Rethink Mental...more

Health Alert (Australia) August 15, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 11 August 2016 - Health Care Complaints Commission v Sheldrick [2016] NSWCATOD 105 - Ms Sheldrick...more

Health Alert (Australia) July 18, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 13 July 2016 - Inquest into the death of Geoffrey Scott Noakes Mr Noakes was a 43 year old with a...more

The Duty of Care to Distressed Employees

by DLA Piper on

The Supreme Court of Queensland has allowed a negligence claim by a former nursing home administrator whose pre-existing anxiety disorder was exacerbated by work stressors1....more

Airline Industry Alert: FAA Does Not Recommend Routine Psychological Testing for Pilots

by FordHarrison on

On June 9, 2016, the FAA announced specific actions that it will take, in conjunction with airlines and pilots' unions, concerning pilots' mental health in response to the Malaysia Flight 370 and Germanwings Flight 9525...more

Is Mental Incapacity a Defense to Tax Penalties and FBAR Penalties?

by Sanford Millar on

The Tax Crimes Handbook of the Office of Chief Counsel, Criminal Tax Division of the Internal Revenue Service defines "Willfulness” as follows: "[a] Willfulness is defined as the "voluntary, intentional violation of a...more

Learning from Orlando: addressing potentially violent employees

by FordHarrison on

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

ERISA (6th Circuit): Mental Nervous Limitations and Dealing with Arguments of “Organic Cause”

You know that most ERISA disability plans contain a 24-month limitation related to mental/nervous disabilities. But what happens when the claimant alleges the mental illness is “organically caused”? Is that enough to...more

Tasing is for Safety, Not Punishment: Even Non-Lethal Force Can be Deadly

by Sands Anderson PC on

South Boston police responded to the local Super 8 Motel in the wee hours of May 3, 2013. They came because they’d received phone calls from Linwood Lambert, Jr. asking somewhat unclearly for help. When they arrived, they...more

Reasonable Cause and Record Reconstruction

by Sanford Millar on

Individuals suffering from mental illness or the effects of substance abuse may have a "reasonable cause" for penalty relief. Example, an individual who is suffering from chronic drug dependency who may have been in and out...more

Health Alert (Australia) - March 7, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 26 February 2016 Inquest into death of Maree Rosalie Jones Ms Jones was admitted...more

“Insanity Defense” Fails To Preserve Coverage For Insured’s Arson

by Cozen O'Connor on

Missouri resident James Roller set fire to his garage in an attempt to commit suicide. When smoke and fumes surrounded him he changed his mind, fled the garage, and alerted his wife of the fire. Mrs. Roller called 911. A...more

Unequal Pay Causes Mental Illness? Let’s Not Jump To Conclusions.

Did you know that unequal pay causes depression and anxiety? Neither do I. A recent study has received a lot of publicity after it found a correlation between relatively low pay and rates of clinical depression and...more

The Second Appellate District Finds UCLA Not Liable For Third Party Criminal Acts of a Student With a Known Mental Illness

by Low, Ball & Lynch on

The Regents of the University of California, et al. v. Superior Court of Los Angeles County Katherine Rosen, Real Party in Interest - Court of Appeal, Second Appellate District(October 7, 2015) - The issue in this...more

T.J. Simers Discrimination Trial: Are You Paranoid If They Really ARE Out To Get You?

A psychologist retained by the Times testified this week that Mr. Simers scored “very high” for paranoia on the Minnesota Multiphasic Personality Inventory. His test results showed that he was “overly sensitive to criticism,”...more

Addressing and Preventing Workplace Violence

The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have...more

Health Alert (Australia) - August 31, 2015

by DLA Piper on

In This Issue: -Judgments; Legislation; and Reports -Excerpts from Judgments New South Wales (NSW) 28 August 2015 - Smith v Pennington [2015] NSWSC 1168 The Supreme Court gave judgement for the...more

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