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
© 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
Doesn’t the Employer Take the Employee as It Finds Him or Her, Susceptible to PTSD or Not? By Thomas A. Robinson, JD, the Feature National Columnist of the LexisNexis Workers' Compensation eNewsletter , is a leading commentator and expert... 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
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
In Pennsylvania, to establish a so-called “mental-mental” injury claim, the employee must demonstrate that the injury resulted from "abnormal working conditions.” Announcing that the Commonwealth Court had “strayed beyond... Read More
West Virginia is within the group of states that does not allow recovery of workers’ compensation benefits for mental-mental injuries [see W. Va. Code § 23-4-1f (2013)]. Affirming a decision by the state’s Board of Review, the state’s... 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