LexisNexis® Legal Newsroom
DC: Court Denies Post-Traumatic Stress Disorder Claim of Worker Who Underwent Drug and Alcohol Testing

DISTRICT OF COLUMBIA - The District of Columbia Court of Appeals has affirmed the finding of an ALJ that a fired PEPCO worker was not entitled to workers' compensation benefits with respect to his claim of post-traumatic stress disorder. While working at PEPCO, the worker was suspected of being drunk...

MO: “She’s a Drama Queen” Defense Fails In PTSD Claim

Claimant alleged post-traumatic stress disorder and major depressive disorder after a semi rear-ended her car, resulting in physical-mental injuries and the need for a thoracic fusion. The Commission affirmed an award of permanent and total disability benefits, and rejected the employer’s psychiatric...

CT: Under Connecticut's Strict Statute, Police Officer Does Not Recover For Post-Traumatic Stress Disorder After High Speed Chase and Gunfight

A police officer with the Stamford, CT police department was involved in a high-speed car chase during a torrential rainstorm. At the conclusion of the chase, he was involved in a gun battle with the suspects and was in fear of losing his life. During the course of the gun battle, the officer injured...

Five Recent Cases You Should Know About (1/14/2011)

Larson's Spotlight on Retaliatory Discharge, Development of Record, Civil Action Against Co-Worker, Post-Traumatic Stress Disorder, and Stress Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

MO: Commission Finds No Disability From a “Thick” Accent

Claimant is an immigrant who has lived in the United States for a decade but claimed that he was incapable of gainful employment, in part, because of his lack of English proficiency. He states his mental condition impaired his ability to become more fluent. The Administrative law judge found the assertions...

Larson’s Spotlight on Recent Cases: Safety Inspectors Granted Immunity From Liability Under Workers’ Comp Act

Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson Spotlight on Recent Cases: Street-Risk Doctrine Applied to Verizon Worker Assaulted by Random Stranger

Larson's Spotlight on Street Risk Doctrine, Post-Traumatic Stress Disorder, Slip and Fall, and Amputation. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Mississippi: Divided Court Affirms Award of PTSD Benefits Related to Hurricane Katrina

A divided Mississippi appellate court recently affirmed an award of PTSD benefits to an agent of the state’s Bureau of Narcotics resulting from her duties on the Mississippi Gulf Coast in the aftermath of Hurricane Katrina. The agent, who ordinary job entailed dangerous undercover operations, the...

New York: PTSD Claimant Fails to Show Level of Stress Was Unusual

Repeating the New York rule regarding stress claims, that mental injuries caused by work-related stress are compensable if the claimant can show that the stress that caused the injury was “greater than that which other similarly situated workers experienced in the normal work environment,”...

New York: Bond Trader Denied Reduced Earnings Award in Spite of PTSD Related to September 11 Attack

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied a corporate bond trader’s application for an award of reduced earnings that he claimed were caused by a PTSD condition brought about by the September 11, 2001 terrorist attack on the...

Nebraska: Recreational Drug User Entitled to Inpatient Care to Treat Worsening Drug Problem Following Robbery and Work-Related Shooting

A retail employee, who was shot multiple times by assailants who had returned to the store in apparent retaliation for the employee’s reporting of an earlier robbery to police, and who developed PTSD as a result of the incident, was appropriately awarded medical and disability benefits for his...

The Post-Traumatic Stress Disorder Dilemma for Workers’ Compensation Claims

Doesn’t the Employer Take the Employee as It Finds Him or Her, Susceptible to PTSD or Not? By Thomas A. Robinson, JD, the Feature National Columnist of the LexisNexis Workers' Compensation eNewsletter , is a leading commentator and expert on the law of workers' compensation. In...

New York: Assistant Manager’s PTSD Claim Tied to Murder-for-Hire Scheme Found Compensable

A New York appellate court, affirming a decision of the state’s Workers’ Compensation Board, has held that the exacerbation of a supermarket assistant manager’s preexisting PTSD arose out of and in the course of his employment when, after he called a coworker at her home to discuss...

Tennessee: Sheriff Secretary’s PTSD Claim Related to Violent Threats Barred as Untimely

A county sheriff’s personal secretary who, according to third-party witness accounts, was told by the sheriff during a heated exchange that her “ass is fired,” and that he would “shave her dog, sugar her gas tank and burn her house down” may not recover workers’ compensation...

The Top 10 Bizarre Workers’ Compensation Cases for 2014

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

New York: Out-of-Town Police Officer Awarded Benefits for PTSD in Connection With World Trade Center Attack

A law enforcement officer from the City of Hornell (N.Y.) Police Department, who was sent to New York City for a six-day period following the terrorist attack at the World Trade Center on September 11, 2001, and who was engaged there in “perimeter containment” and “transports,”...

New York: Secretary’s PTSD Claim Connected With Patient’s Suicide Established Since She Was Not Mere Bystander

A secretary at a medical facility, who claimed she suffered from post-traumatic stress disorder after she responded to the suicide of a patient, is entitled to workers’ compensation benefits, held a New York court. Affirming a decision of the state Board, the court held that psychological injuries...

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature of PTSD, held the Special Workers’ Compensation...

Nebraska: Nurse Awarded PTSD Benefits After Series of Assaults by Patients

A nurse, who suffered a series of assaults by patients at her employer’s hospital may recover for her mental disability—major depressive disorder and post-traumatic stress disorder—in spite of Nebraska’s general rule that requires mental health claims to be related to or caused...

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that the stress the employee claimed caused his depression...

Missouri: Court Rejects PTSD Award for a Dog Bite

A hotel housekeeper was bit by a German Shepherd when she opened a door. She claims she could never work again due to PTSD and other injuries. The Commission affirmed an award of partial disability benefits but rejected her claim of total disability. Mujanic v Holiday Inn St. Louis South , 2016 MO WCLR...

Tennessee: PTSD Claim Unsuccessful Where Work Related Conference Speaker Sparks Memories of Being Raped as a Child

A Tennessee nurse, who contended she suffered a mental breakdown and PTSD after attending a work-related conference did not establish that the level of stress he experienced at the conference was abnormal, extraordinary, or unusual, held a special workers’ compensation appeals panel in Tennessee...