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

Kentucky: State Supreme Court Affirms PTD Award Based on Combination of Physical and Mental Injuries
Posted on 1 Jan 2022 by Thomas A. Robinson

The Supreme Court of Kentucky, reiterating that for Kentucky workers’ compensation claims, mental or psychological injuries were not compensable unless they were the “direct result” of a physical injury, affirmed an award of permanent... 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

Alaska: Employer Given Broad Access to Claimant's Mental Health Records
Posted on 26 Jul 2020 by Thomas A. Robinson

Construing Alaska Stat. §§ 23.30.107 and 23.30.107, the Supreme Court of Alaska held that with regard to an worker who had sought workers' compensation benefits, the employer was entitled to have access to the worker's mental health... 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

Florida: Six-Month Limit on Mental Injury Benefits Passes Constitutional Muster
Posted on 11 Apr 2019 by Thomas A. Robinson

A Florida appellate court recently held that the state’s six-month limitation for temporary benefits for psychiatric injuries (which follow a physical injury) [see § 440.093(3), Fla. Stat.] is constitutional and that such benefits were not... 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

New York: Mental Injury Caused by Ordinary Supervision is Not Compensable
Posted on 19 Oct 2018 by Thomas A. Robinson

Substantial evidence supported the Workers' Compensation Board's factual determination that the claimant's depressive condition was not compensable, because claimant's supervisors described normal oversight and monitoring practices undertaken... Read More

Iowa: Psychiatrist’s Reopening Petition Based Upon Alleged “New” Mental Disorder Denied
Posted on 14 Sep 2018 by Thomas A. Robinson

An Iowa appellate court affirmed the denial of a psychiatrist’s petition to reopen his prior workers' compensation settlement agreement in which he alleged that he had developed a mental disorder as a result of his original injuries and that... Read More

North Carolina: Bank Employee’s Tort Action for Failure to Provide Stress-Free Work Environment Fails
Posted on 15 Aug 2018 by Thomas A. Robinson

A North Carolina appellate court affirmed the dismissal—on exclusive remedy grounds—of a civil action filed by a former bank employee against her former employer and supervisor alleging that the defendants had failed to exercise reasonable... Read More

New York: Court Affirms Board’s Finding that Claimant’s Stress Was Greater than That of Other Workers
Posted on 5 Feb 2016 by Larson's Spotlight

A New York court affirmed an award to a charity’s caseworker that contended she sustained a mental injury based upon stress on her job. The court acknowledged that N.Y. Work. Comp. Law § 2(7) precluded claims for mental injuries based upon... Read More

New York: Registered Nurse Could Not Recover for Mental Injury Where Genesis of Claim Arose from Bona Fide Personnel Action
Posted on 6 Apr 2017 by Thomas A. Robinson

Stressing that the state’s Workers’ Compensation Board was to be afforded significant deference to its decisions related to witness credibility, a New York appellate court affirmed a Board finding that a nurse’s work-related stress did... Read More

Ohio: Mental Injury Must Be Caused by Physical Injury; It Need Not be Contemporaneous
Posted on 9 Mar 2018 by Thomas A. Robinson

Construing the Supreme Court of Ohio’s important, earlier decision in Armstrong v. John R. Jurgensen Co. , 136 Ohio St. 3d 58, 2013-Ohio-2237, 990 N.E.2d 568, a lower-level Ohio appellate court held that while there must be a causal relationship... Read More