Construing Oregon’s “clear and convincing evidence” standard, along with the state’s requirement that work conditions constitute the “major contributing cause” of the worker’s claimed condition, a state appellate court affirmed a determination by the state’s Workers...
Construing North Dakota’s “heart attack/stroke” statute, N.D.C.C. § 65-01-02(11)(a)(3), which generally requires that unusual stress be at least 50 percent of the cause of injury or disease—as compared with all other contributing factors—a...
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 or extraordinary” stress...
A New York appellate court held that in order to establish a claim for PTSD, it was insufficient for a state correctional officer to show that he had been made to feel threatened--an inmate threatened to do bodily harm to the officer's family--he must instead...
Noting that in order to recover benefits for a stress-related condition under North Carolina's definition of occupational disease, it was insufficient merely to show that the employee endured "employment stressors" as a part of her work duties; the...
An Arizona appellate court reversed a decision of the state’s Industrial Commission that denied a PTSD claim filed by a deputy sheriff, finding the Commission had concentrated on the unusual nature of the event which triggered the deputy’s PTSD instead...
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 to...
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 care and provide her...
A recent webinar discussed mental health and well-being in the workplace and looked at some of the impacts on workers’ compensation Concerns with workplace safety and worker health are obviously not new among workers’ compensation system participants...
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 not exceed...
Reiterating the rule that the state’s Workers’ Compensation Board could not rely upon expert medical opinion that amounted to mere speculation, a state appellate court affirmed the Board’s determination that a claimant did not sustain a causally related disability...
Researchers Argue for Treating Low Wages as an Occupational Health Hazard When thinking of the most common occupational hazards, risks associated with things such as moving machinery, toxic chemicals, and repetitive or strenuous movements generally come to...
The ongoing confusion under McCoy of whether causation thresholds and affirmative defenses provided for in Labor Code § 3208.3 (lawful, good-faith, nondiscriminatory personnel action) apply to a physical injury that is the manifestation of work related stress...
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 environment...
Following the pattern of a number of states, Mississippi allows sole proprietors, partners in a partnership, or owners of 15 percent or more of a corporation to elect to be exempt from the state’s Workers’ Compensation Act if the partner, owner, or proprietor delivers...