Employment Tribunal considers burnout as a medically objectified disease opening coverage under group insurance
Group insurances providing for guaranteed income in case of disease often contain wording to exclude coverage unless the disease is "medically objectified". Group insurances often explicitly rule out types of diseases that are claimed to be difficult to objectify, such as personality disorders, fibromyalgia or the chronic fatigue syndrome. In a decision of 9 January 2018, the Brussels Employment Tribunal was required to examine whether burnout is a medically objectified disease, allowing a worker suffering from incapacity to work due to burnout to enjoy guaranteed income under a group insurance. Notwithstanding the presence of the aforementioned customary clauses in the group insurance policy, the Employment Tribunal said that burnout is a disease in the meaning of the group insurance policy, even though official instances (such as the World Health Organisation) do not (yet) recognize burnout as a disease. ■