Workers' Compensation

Recent Posts

Pennsylvania: “No-Holds-Barred” Meeting Leads to Compensable PTSD Claim
Posted on 1 Jan 2022 by Thomas A. Robinson

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

Arizona: Police Officer’s PTSD Claim is Not Compensable
Posted on 28 Jul 2021 by Thomas A. Robinson

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

West Virginia: Robbery at Gunpoint Found Insufficient to Support PTSD Claim
Posted on 7 Mar 2021 by Thomas A. Robinson

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

Florida: 52-Week Filing Requirement for First Responder PTSD Claim Runs From Qualifying Event
Posted on 26 Dec 2020 by Thomas A. Robinson

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

New York: Stress Must be Proved According to Objective, Not Subjective Standard
Posted on 26 Oct 2020 by Thomas A. Robinson

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

District of Columbia: Public Sector Employee May Not Recover Schedule Benefits for PTSD
Posted on 18 Oct 2020 by Thomas A. Robinson

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

Arizona: Unusual Stress, Not Unusual Event, Key to Deputy’s Entitlement to PTSD Benefits
Posted on 10 Mar 2020 by Thomas A. Robinson

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

Washington: No Occupational Disease Award Available for PTSD
Posted on 9 Feb 2020 by Thomas A. Robinson

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

Minnesota: Supreme Court Gives Guidance Regarding Evidentiary Requirements of State’s PTSD Provisions
Posted on 19 Jul 2019 by Thomas A. Robinson

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

Washington: Narrow Definition of “Injury” Means Public Defender May Be Able to Sue Employer for Work-Related PTSD
Posted on 22 Mar 2019 by Thomas A. Robinson

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

What’s New in Florida Workers’ Compensation: 2018
Posted on 21 Jun 2018 by LexisNexis Workers' Comp Law Newsroom Staff

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

WV: Hijacked Driver Wins PTSD Claim Despite Restrictive Mental-Mental Statute
Posted on 1 Nov 2013 by Larson's Spotlight

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

OK: Check Cashing Clerk Establishes PTSD Claim After Two Robberies
Posted on 4 Oct 2013 by Larson's Spotlight

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

Mississippi: Divided Court Affirms Award of PTSD Benefits Related to Hurricane Katrina
Posted on 31 Jan 2014 by Larson's Spotlight

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

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

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