Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
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 establish that the stress level he faced was more severe than the stress levels faced by other correctional officers performing similar duties. The court, therefore, affirmed a Board decision denying benefits related to the officer's PTSD. New York utilizes an objective, not a subjective, standard when it comes to establishing a mental injury.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Matter of Rivenburg v. County of Albany, 2020 N.Y. App. Div. LEXIS 5378 (Oct. 1, 2020)
See generally Larson’s Workers’ Compensation Law, §§ 44.05, 56.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.