LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
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 with police, the driver was able to escape, and the gunman was fatally shot by law enforcement. The claims administrator rejected the driver’s PTSD claim and the Office of Judges affirmed, concluding that W. Va. Code § 23-4-1f barred the driver's claim for benefits for PTSD developed as a result of the hijacking since the driver had not sustained any physical injuries as a result of the incident. The Board of Review reversed, finding that the driver did sustain a personal injury in the course of and resulting from his employment—he was assaulted by the sound of the gunfire, physically detained, and stripped of his keys. The high court agreed and added that the driver’s condition was manifested by “demonstrable physical symptoms, including sleep disturbances and jumpiness.”
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See United Parcel Serv., Inc. v. Hannah, 2013 W. Va. LEXIS 1165 (Oct. 25, 2013) [2013 W. Va. LEXIS 1165 (Oct. 25, 2013)]
See generally Larson’s Workers’ Compensation Law, § 56.04, 56.06 [56.04, 56.06]
Special Discount Price $79*; Books shipping now to customers!
Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get:
View the brochure & table of contents.
View sample pages.
Order online or contact Christine Hyatt at ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.
PROMO CODE: WCEIA
*Price does not include sales tax, shipping or handling. Price subject to change without notice. Discount cannot be combined with other offers. Expires 12/31/2013.
For more information about LexisNexis products and solutions connect with us through our corporate site