The evidence supported a WCJ’s finding that a “no-holds-barred” meeting, at which a former police officer was singled out for criticism, and which digressed into an abusive, vulgar, shouting match, was an extraordinary and unusual event... Read More
In a divided decision, an Arizona appellate court affirmed the denial of a police officer’s PTSD claim, agreeing with the state’s Industrial Commission that the officer had failed to show that he had been subjected to “unexpected, unusual... Read More
The Supreme Court of Appeals of West Virginia, construing W. Va. Code § 23-4-1f, pursuant to which mental injury claims are generally disqualified from coverage unless caused by physical means, affirmed the denial of a claim filed by a gaming parlor... Read More
The 52-week filing requirement related to first responder PTSD claims in § 112.1815(5)(d), Fla. Stat., runs from the date of the qualifying event specified in the statute and not from the date the first responder manifests PTSD symptoms, held a Florida... Read More
A New York appellate court held that in order to establish a claim for PTSD, it was insufficient for a state correctional officer to show that he had been made to feel threatened--an inmate threatened to do bodily harm to the officer's family--he... Read More
The schedule benefits section of the District of Columbia's public-sector workers' compensation law, D.C. Code § 1-623.07 (2016 Repl.), does not provide for the payment of benefits for a worker's PTSD, held an appellate court, in spite... Read More
An Arizona appellate court reversed a decision of the state’s Industrial Commission that denied a PTSD claim filed by a deputy sheriff, finding the Commission had concentrated on the unusual nature of the event which triggered the deputy’s... Read More
Acknowledging that in Washington there were some circumstances in which an employee could recover for post-traumatic stress disorder (PTSD), e.g., if it had been caused by a sudden and tangible happening, and had occurred “from without,” ... Read More
Prior to a 2013 amendment to Minn. Stat. § 176.011, subd. 16, Minnesota provided no workers’ compensation coverage for mental injuries that had a mental stimulus as their origin. Since then, however, coverage has been provided to those employees... Read More
A county public defender, who alleged that she sustained a mental injury in the form of PTSD following a harrowing period of time in which she was allegedly stalked and harassed by a "client," may move ahead with a civil action filed against... Read More
By Robert J. Grace, Jr., Esq. & Lyle Platt, Esq. Since publication of our last edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis), legislative activity was confined to a popularly supported bill regarding first... Read More
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... Read More
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 ... Read More
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... Read More
The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More