Workers' Compensation

Recent Posts

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual
Posted on 22 Jan 2016 by Larson's Spotlight

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that... Read More

Tennessee: PTSD Claim Unsuccessful Where Work Related Conference Speaker Sparks Memories of Being Raped as a Child
Posted on 29 Jan 2016 by Larson's Spotlight

A Tennessee nurse, who contended she suffered a mental breakdown and PTSD after attending a work-related conference did not establish that the level of stress he experienced at the conference was abnormal, extraordinary, or unusual, held a special workers’... Read More

Missouri: Court Affirms Worker Had "Unusual" Strain From Routine Activities
Posted on 16 Apr 2015 by Martin Klug

A worker in his 50s tore three tendons in his right shoulder in 2009 after he lifted himself about two feet into his truck. In a 9-2 decision, the majority of the Western District as a matter of first impression found under the new Act claimant established... Read More

Missouri Lowers Burden for Mental Stress Claims
Posted on 1 May 2015 by Martin Klug

What does a claimant have to prove for work-related stress when their job is inherently stressful? Mantia v MoDot, 2015 MoWCLR Lexis 39 (lexis.com), 2015 MoWCLR Lexis 39 (Lexis Advance) ( April 28, 2015) charts a much lower bar for claimants to receive... Read More

California: Claimant’s Psychiatric Injury Was Not “Extraordinary” Under the Circumstances
Posted on 29 Apr 2016 by Larson's Spotlight

Under Cal. Labor Code § 3208.3(d), where the employer has employed an employee for less than six months, the employee may not recover for a psychiatric injury unless the injury is caused by a “sudden and extraordinary employment condition.”... Read More