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 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
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
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
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
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
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
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
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
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
© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More
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
Larson's Spotlight on Exclusive Remedy, Mental Injury, Traveling Employee, and Undocumented Worker. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation... Read More
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
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