Alternative Treatment: Emotional Support Animals

Emotional support animals are a new type of alternative form of treatment in workers’ compensation claims. While they are generally not covered and not compensable, several Claimants in recent years have requested and been granted these types of animals as a treatment plan for their mental health and recovery.

Emotional support animals are not categorized the same as a service animal under the Title II and Title III of the American Disabilities Act (ADA). Under the ADA, a service animal is covered under workers’ compensation claims and is defined as “any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” In contrast, emotional support animals are considered emotional support, therapy, or companion animals because they have not been trained to perform a specific job or task. Rather, they are recognized as an animal that just provides comfort by being with the person.

In recent years, some states have begun to allow emotional support animals as a treatment plan in workers’ compensation claims. For example, in 2021, the Iowa Workers’ Compensation Commission determined that an emotional support dog is compensable to manage a Claimant’s PTSD symptoms from the accident, including his symptoms of anxiety, depression, and flashbacks. Timothy Cono v. Royal Plumbing, Inc. Additionally, in 2018, the Florida Workers’ Compensation Commission also determined that authorization of an emotional support dog is compensable for treatment-resistant PTSD and anxiety symptoms. Evangeline Torain v. Duval County Public Schools.

While this alternative treatment provides a non-invasive form of treatment and can provide mental health support for Claimants, there are also some limitations. There is a concern for how long the employer will have to pay for the emotional support animal. An emotional support animal is supposed to be a treatment that allows the claimant to work towards living an independent lifestyle, not a way to depend on the animal for the rest of the Claimant’s life. However, the attachment that this companionship between the Claimant and the animal may cause issues when the Claimant returns to work. Additionally, employers are uncertain as to when their liability comes to an end and what their responsibilities are. Lastly, this form of treatment may be more costly if they must pay for the care and living of the dog, such as food and veterinarian appointments.

The court system and Workers’ Compensation Commissions in each state are still dealing with uncertainty on this topic. However, emotional support animals have become compensable in certain claims, and are on the rise, so it is imperative that employers understand the risks and rewards and keep a lookout for what is to come.

Written by Molly C. Murray, Esq.