Workers' Compensation

Recent Posts

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

Wyoming: Father May Maintain Tort Action Against Employer for Mental Injury Associated With Son’s Death
Posted on 19 Feb 2016 by Larson's Spotlight

The Supreme Court of Wyoming found that a negligent infliction of emotional distress claim filed by an employee against the employer and one of the employer’s superintendents following the death of his son, who also worked for the employer at the... Read More

New York Workers’ Compensation Trends and Developments for 2015
Posted on 22 Apr 2016 by Ronald E. Weiss & Ronald Balter

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project... 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

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

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

The Top 10 Bizarre Workers' Comp Cases for 2013
Posted on 2 Jan 2014 by Thomas A. Robinson

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More

New York: Pressure to File False Reports Constitutes Unusual Level of Stress and Supports Award for Mental Injury
Posted on 17 Jul 2015 by Larson's Spotlight

As is the case with a number of other states, New York allows recovery for work-related stress if the claimant can show that the stress that caused the injury was greater than that which other similarly situated workers experienced in the normal work... Read More

Federal: Ohio Employee May Maintain Civil Action for PTSD Against Employer
Posted on 30 Sep 2016 by Thomas A. Robinson

Construing Ohio law, a federal district court in that state denied an employer’s motion for judgment on the pleadings in a civil action filed by an employee in which the employee alleged that he suffered severe mental pain and suffering and psychological... Read More