DENMARK: new rules on the recognition of post-traumatic stress

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According to a new decision of the Danish Appeals Commission, the practice regarding the assessment of the temporal conditions for the recognition of post-traumatic stress disorder as an accident at work is changing.

Thus, according to the preponderance of evidence, it is now possible to reopen a case that was rejected because there was no temporal link between the traumatic event and the development of post-traumatic stress. A case may be recognised as an accident, even if the first symptoms are not documented within six months of the event/impact and even if the diagnosis is not fully present within a few years.

The new decision is based on the most recent medical knowledge provided by the investigation report ordered by the Occupational Diseases Commission. The AES Insurer may, in the first instance, take over the most recent cases on which the Danish Appeals Agency has ruled. For other cases, it is up to the insured to contact AES to have their case reopened.

If, in addition to a lack of temporal consistency or a lack of medical documentation, the case was also previously closed because the burden of proof was not sufficient, the case will generally not be reopened. A concrete and individual assessment must always be made on the basis of the evidence in the file.

Opinion of principle 33-22 of the Appeals Commission

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