Tag Archives: mental injury

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional

A Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six months after a claimant reaches (physical) maximum medical improvement [Kneer … Continue reading

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Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim

Arizona’s one-year filing requirement [see Ariz. Rev. Stat. § 23-1061(A)] is an affirmative defense and the employer or carrier bears the burden of production of evidence to support that defense, held a state appellate court in Pitts v. Indus. Comm’n … Continue reading

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Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD

Restrictive “Mental-Mental” Coverage in State’s Comp Act Opens Door to Potential Liability In a case with a bizarre fact pattern, a King County (Washington) public defender, who contended that she suffered post-traumatic stress disorder (PTSD) after she was stalked and … Continue reading

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Kentucky Considers PTSD Benefits—but Only for First Responders

Animal Farm Logic: “All [workers] are equal, but some [workers] are more equal than others.” House Bill 40, which would provide workers’ compensation benefits for post-traumatic stress disorders (PTSD), but only for certain specified first responders, was introduced into the … Continue reading

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29-Month Delay in Filing North Dakota Claim Bars Recovery

The Supreme Court of North Dakota recently affirmed an ALJ’s finding that the filing of a worker’s claim some 29 months after the work incident was not timely, and, therefore, no compensation could be awarded [Lechner v. North Dakota Workforce … Continue reading

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Commentary: How Equitable is Florida’s New PTSD Coverage?

What Does Florida Have Against Teachers and Bartenders? As I posted Monday [click here to view that post], a bill to extend relatively broad PTSD coverage to Florida’s first responders was passed unanimously by both state houses earlier in March. … Continue reading

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Florida Legislature Approves PTSD Coverage for First Responders

Earlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a result of their work. The coverage protection, which treats PTSD … Continue reading

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New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable

Where a registered nurse claimed that she sustained work-related injuries consisting of insomnia, depression, post traumatic stress disorder, and severe social phobia when she was wrongfully terminated, reinstated, and then subjected to, among other things, harassment from her colleagues and … Continue reading

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Minnesota High Court Says PTSD is No “Brain Injury”

Reiterating the Minnesota rule that so-called “mental-mental” injuries–mental injuries associated with mental stimulus, as opposed to physical stimulus–are not compensable and that it is for the state’s legislature, and not its courts, to change the rule, the Supreme Court of … Continue reading

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Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp Claim

In a divided decision affirming a ruling last year by a state intermediate appellate court, the Supreme Court of Ohio has reiterated that in order for a mental condition (here PTSD) to be compensable under the Ohio workers’ compensation system, … Continue reading

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