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 serving of warrants, and other hazardous duties, claimed she began having panic attacks and flashbacks of death and bodies...

In Pennsylvania, to establish a so-called “mental-mental” injury claim, the employee must demonstrate that the injury resulted from "abnormal working conditions.” Announcing that the Commonwealth Court had “strayed beyond certain foundational precepts,” in a divided decision, the Supreme Court of Pennsylvania recently reversed a decision by that lower court that denied workers’...

The Supreme Court of Appeals of West Virginia recently affirmed a decision by the state’s Board of Review that awarded benefits for a PTSD injury sustained by a UPS driver who was accosted and his truck hijacked by a man with a rifle. The gunman fired a shot into the air near the driver’s side door, threatened the driver’s life, and forced him to drive towards a police station. During a later encounter...

Along with a number of other states, Oklahoma generally bars recovery of workers’ compensation benefits associated with mental injuries that are “unaccompanied” by physical injury [see Larson’s Workers’ Compensation Law , §§ 56.04, 56.06; note, however, that following the enactment of recent “reform” legislation, the Oklahoma “mental-mental” recovery rule...

I love it when people read my mind. I also love it when I have a guest blogger. So today’s post is a happy constellation of circumstance, thanks to Kim Harrison of Marshall, Dennehy. Kim contacted me yesterday on the very case that was slated for my next discussion. I will let Kim tell you: “Hi Cassandra – You may recall several months ago I had asked you a question about permanency for the brain...

West Virginia is within the group of states that does not allow recovery of workers’ compensation benefits for mental-mental injuries [see W. Va. Code § 23-4-1f (2013)]. Affirming a decision by the state’s Board of Review, the state’s Supreme Court of Appeals recently affirmed an award of benefits in favor of a coal miner who, along with others, was enveloped by air, dust, gas and debris at the...

Today I violate my usual rule of "do not blog about thyself." For months I have been telling my opponent Mike Bednash that, for better or worse, this case was headed for the blog. And it's a stress claim-so who doesn't want to read about one of those? Here is the gist: Claimant is employed as an investment analyst for Delaware Community Investment Corp. ("DCIC"). Barred in New Jersey...

Collateral damage from a compensable incident often extends well beyond physical harm that stems from the initial injury. The psychological effects of even short-term disabilities, pursuing workers’ compensation benefits, and anxiety regarding an ability to return to work can be severe. Both the injured worker and employer bear the costs. According to the medicolegal treatise Occupational Injuries and Illnesses...

Larson's Spotlight on Mental Injury, Odd-Lot Theory, Unwitnessed Death, and Negligent Infliction of Emotional Distress. 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. WI: Deputy Sheriff's Mental Injury Claim Sustained Where Deputy's Actions Led to Suicide...

Here’s the third batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnote and summary . © Copyright 2012 LexisNexis. All rights reserved. Araceli Guadarrama , Petitioner v. Workers' Compensation Appeals Board, Promethesus Management Group, American Home Assurance, administered by Broadspire, Respondents , 2012...

Larson's Spotlight on Mental Injury, Termination of Employment, Substantial Certainty, and Going and Coming. 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. TN: Mental Injury Claim Related to Depression From Inability To Return To Work Allowed in Spite of Restrictive...

Here’s the second batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Laura Matook , Petitioner v. Workers' Compensation Appeals Board, New Line Cinema, Travelers Insurance Company, Respondents , 2012 Cal. Wrk. Comp. LEXIS 64 Psychiatric...

How the California 4th DCA Muddies the Water in County of San Bernardino vs. WCAB (McCoy) 203 Cal. App.4th 1469 , 138 Cal. Rptr.3d 328, 77 Cal. Comp. Cases 219 (2012) By Robert G. Rassp, Esq. An employee has a pre-existing history of migraine headaches. He gets a job with the County of San Bernardino as an automated systems technician in July 2005 through January 19, 2006. His supervisor yells at him during the six...

Let's face it-Mike Freebery in his cashmere robe is a tough act to follow. So is Wil Davis basking in the glow of his successful defense of a heart attack case (not quite sure what he wears to bed). But along comes James Donovan with a little update on the topic of UR appeals. And is it all that shocking that the UR was reversed in favor of the claimant? Read on- ............ "I've attached the decision...

It may not be well known, but both Labor Code Section 3600 (a)(10) and Labor Code Section 3208.3 (e)(5) contain provisions that exempt their application to those claims where the date of injury is determined in accordance with Labor Code Section 5412 . Labor Code Section 3600 (a) states: “(a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except...

Above is picture of my kitty's Christmas stocking. A needlepoint image of a grey-brown mackerel tabby that looks alarmingly like the real thing. My husband was horrified that I paid $36.00 for the stocking at a boutique in Greenville; but that is nothing compared to the $66.00 "Pottery Barn Kids" stocking we had for the late, great Cupka Marie. Cupka's stocking is also being displayed this year, although...