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West Virginia: Rush of Air, Dust, Debris From Explosion Satisfied “Physical” Component for PTSD Claim

West Virginia is within the group of states that does not allow recovery of workers’ compensation benefits for mental-mental injuries [see W. Va. Code § 23-4-1f (2013)]. Affirming a decision by the state’s Board of Review, the state’s Supreme Court of Appeals recently affirmed...

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...

PA: High Court Reverses Lower Court Decision That Denied State Trooper’s PTSD Claim

In Pennsylvania, to establish a so-called “mental-mental” injury claim, the employee must demonstrate that the injury resulted from "abnormal working conditions.” Announcing that the Commonwealth Court had “strayed beyond certain foundational precepts,” in a divided...

The Top 10 Bizarre Workers' Comp Cases for 2013

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for the prior year. In doing so, I reenact, in part...

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...

Wyoming: Father May Maintain Tort Action Against Employer for Mental Injury Associated With Son’s Death

The Supreme Court of Wyoming found that a negligent infliction of emotional distress claim filed by an employee against the employer and one of the employer’s superintendents following the death of his son, who also worked for the employer at the same work site, was not derivative of the associated...