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

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

The Post-Traumatic Stress Disorder Dilemma for Workers’ Compensation Claims
Posted on 20 Jun 2014 by Thomas A. Robinson

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

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

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

PA: High Court Reverses Lower Court Decision That Denied State Trooper’s PTSD Claim
Posted on 8 Nov 2013 by Larson's Spotlight

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: Rush of Air, Dust, Debris From Explosion Satisfied “Physical” Component for PTSD Claim
Posted on 26 Jul 2013 by Larson's Spotlight

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

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