LexisNexis® Legal Newsroom
Missouri: Smoking Pot May Support Disability Claim

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass Group , 2012 Mo WCLR Lexis 196 (Nov. 21, 2012...

Larson’s Spotlight on Recent Cases: Video Evidence Not Disqualified for Three-Second Gap

Larson's Spotlight on Videotape Evidence, Going and Coming Rule, PTSD, and Foot Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NC: Three...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (4/22/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Unclear if Boston Marathon Bombings an Act of Terrorism Covered by TRIA . Insurance Expert Says Boston...

OK: Check Cashing Clerk Establishes PTSD Claim After Two Robberies

Along with a number of other states, Oklahoma generally bars recovery of workers’ compensation benefits associated with mental injuries that are “unaccompanied” by physical injury [see Larson’s Workers’ Compensation Law , §§ 56.04, 56.06; note, however, that following...

WV: Hijacked Driver Wins PTSD Claim Despite Restrictive Mental-Mental Statute

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 fired a shot into the air near the driver’s...

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...

New York: PTSD Claimant Fails to Show Level of Stress Was Unusual

Repeating the New York rule regarding stress claims, that mental injuries caused by work-related stress are compensable 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,”...

New York: Bond Trader Denied Reduced Earnings Award in Spite of PTSD Related to September 11 Attack

A New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied a corporate bond trader’s application for an award of reduced earnings that he claimed were caused by a PTSD condition brought about by the September 11, 2001 terrorist attack on the...

The Post-Traumatic Stress Disorder Dilemma for Workers’ Compensation Claims

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 on the law of workers' compensation. In...

New York: Assistant Manager’s PTSD Claim Tied to Murder-for-Hire Scheme Found Compensable

A New York appellate court, affirming a decision of the state’s Workers’ Compensation Board, has held that the exacerbation of a supermarket assistant manager’s preexisting PTSD arose out of and in the course of his employment when, after he called a coworker at her home to discuss...

Virginia: UPS Driver Awarded Benefits for PTSD Caused by Encounter With Murdered Customer

A Virginia appellate court affirmed an award of benefits to a UPS driver who claimed he had suffered from work-related PTSD. Acknowledging that in Virginia, a claimant may recover workers' compensation benefits for a purely psychological injury, provided the injury is causally related to a sudden...

Missouri: Punch In Mouth Aggravates PTSD For SIF Total

An unruly patient who punched the claimant in her mouth knocked her out of the labor market, according to the Commission which affirmed a total disability award against the second injury fund. Seldon v St. Louis Psychiatric Rehab Center , 2014 Mo WCLR Lexis 110 (lexis.com), 2014 Mo WCLR Lexis 110 (Lexis...

Tennessee: Sheriff Secretary’s PTSD Claim Related to Violent Threats Barred as Untimely

A county sheriff’s personal secretary who, according to third-party witness accounts, was told by the sheriff during a heated exchange that her “ass is fired,” and that he would “shave her dog, sugar her gas tank and burn her house down” may not recover workers’ compensation...

The Top 10 Bizarre Workers’ Compensation Cases for 2014

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. For the past five or six years, I’ve shared with readers my annual list of bizarre workers’...

New York: Out-of-Town Police Officer Awarded Benefits for PTSD in Connection With World Trade Center Attack

A law enforcement officer from the City of Hornell (N.Y.) Police Department, who was sent to New York City for a six-day period following the terrorist attack at the World Trade Center on September 11, 2001, and who was engaged there in “perimeter containment” and “transports,”...

New York: Secretary’s PTSD Claim Connected With Patient’s Suicide Established Since She Was Not Mere Bystander

A secretary at a medical facility, who claimed she suffered from post-traumatic stress disorder after she responded to the suicide of a patient, is entitled to workers’ compensation benefits, held a New York court. Affirming a decision of the state Board, the court held that psychological injuries...

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature of PTSD, held the Special Workers’ Compensation...

Nebraska: Nurse Awarded PTSD Benefits After Series of Assaults by Patients

A nurse, who suffered a series of assaults by patients at her employer’s hospital may recover for her mental disability—major depressive disorder and post-traumatic stress disorder—in spite of Nebraska’s general rule that requires mental health claims to be related to or caused...

Missouri: Court Awards Total Benefits for Woman Trapped in Elevator

A 61-year old woman walks into an elevator at work. The scenario may start to sound like a joke. She works in customer service on the 5th floor in the employer’s building in Greene County, Missouri. The elevator falls a flight, and she isn’t rescued for an hour later. It isn’t exactly...

The Top 10 Bizarre Workers’ Compensation Cases for 2015

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation of truly bizarre workers’ compensation cases...

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual

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 the stress the employee claimed caused his depression...

Missouri: Court Rejects PTSD Award for a Dog Bite

A hotel housekeeper was bit by a German Shepherd when she opened a door. She claims she could never work again due to PTSD and other injuries. The Commission affirmed an award of partial disability benefits but rejected her claim of total disability. Mujanic v Holiday Inn St. Louis South , 2016 MO WCLR...

Tennessee: PTSD Claim Unsuccessful Where Work Related Conference Speaker Sparks Memories of Being Raped as a Child

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’ compensation appeals panel in Tennessee...

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery

A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache following an armed robbery at the employer’s store, but was nevertheless required to work the remainder of his...

Arizona: Portion of Former Soldier’s PTSD Disability Apportioned to Special Fund

As is the case in a number of states, Arizona allows “apportionment” of certain permanent injury claims between an employer and a “special fund” where the employee’s permanency results from the combination of a pre-existing condition and a subsequent work-related injury...