Mississippi: Divided Court Affirms Award of PTSD Benefits Related to Hurricane Katrina

Mississippi: Divided Court Affirms Award of PTSD Benefits Related to Hurricane Katrina

A divided Mississippi appellate court recently affirmed an award of PTSD benefits to an agent of the state’s Bureau of Narcotics resulting from her duties on the Mississippi Gulf Coast in the aftermath of Hurricane Katrina. The agent, who ordinary job entailed dangerous undercover operations, the serving of warrants, and other hazardous duties, claimed she began having panic attacks and flashbacks of death and bodies from her Katrina experience and guilt over having to refuse food and water to some Katrina survivors.  Quoting Larson’s Workers’ Compensation Law and observing that in Mississippi, a mental/mental claim must be proved by clear and convincing evidence, the majority of the court held that there was substantial evidence to support the Commission's conclusion that the agent presented clear and convincing evidence that her PTSD was casually connected to her Katrina experience.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Mississippi Dep’t of Public Safety v. Adcox, 2014 Miss. App. LEXIS 43 (Jan. 28, 2014) [2014 Miss. App. LEXIS 43 (Jan. 28, 2014)]

See generally Larson’s Workers’ Compensation Law, § 56.04 [56.04]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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