Q: Can you file a workers comp claim for migraines/closed angle glaucoma from migraine medication?
I was having migraines almost everyday due to stress from work. My dr. prescribed me Topimarate for the migraines. I started the medication in June. When the pharmacy changed the manufacturer of the medication I began having vision problems. After the vision problems not getting better I went to an Opthamologist and found out I had closed angle glaucoma and was having attacks. I have since had 2 laser procedures and 5 surgeries between both eyes.
A:
Can you file a claim? Yes. Will it be accepted? Most likely, no. Stress claims are regularly denied. Labor Code 4660.1 says the employer has no responsibility for psychiatric injuries generally, with these exceptions:
(A) Being a victim of a violent act or direct exposure to a significant violent act within the meaning of Section 3208.3 .
(B) A catastrophic injury, including, but not limited to, loss of a limb, paralysis, severe burn, or severe head injury.
So if this 'stress at work' involved one of these two definitions, you should pursue all of the body parts injured from the treatment (including the glaucoma). But if your 'stress at work' was not truly a 'significant violent act' then you likely won't win.
Filing a claim you cannot win just exposes all of your personal medical information to co-workers and strangers. It's generally a poor idea.
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