Tag Archives: mental injury

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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Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity

Last Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional and negligent infliction of emotion distress that allegedly resulted when … Continue reading

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Ohio: Appellate Court Affirms Award for PTSD in Spite of State’s Limiting Definition of “Injury”

An Ohio appellate court recently affirmed a trial court’s summary judgment in favor of a medical center clerk who had received an award of workers’ compensation benefits related to physical injuries, as well as posttraumatic stress disorder (PTSD), sustained in … Continue reading

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South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

On Wednesday, a divided Supreme Court of South Carolina affirmed a unanimous finding of an Appellate Panel of the state’s Workers’ Compensation Commission that a deputy sheriff failed to meet his burden of proof in establishing a compensable mental injury … Continue reading

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South Carolina: Deputy Sheriff’s PTSD Claim in Connection With Fatal Shooting of Suspect Is Not Compensable–No “Extraordinary or Unusual Employment Condition” Existed

Ohio Court Nixes Post Traumatic Stress Disorder Claim in Spite of Close Ties With Truck Driver’s Compensable Physical Injuries

A divided Ohio appellate court recently affirmed a trial court’s final judgment that denied a dump truck driver’s claim for post traumatic stress disorder (“PTSD”) in spite of strong medical evidence that the disorder arose out of a violent work-related … Continue reading

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New Hampshire: Mental Injury Following Business Failure Is Not Compensable Injury

As is the case in a majority of states, mental injuries, including major depression caused by work-related stress, may qualify as compensable injuries in New Hampshire [N.H. Rev. Stat. Ann § 281-A:2, XI (2010)]. However, the New Hampshire statute does … Continue reading

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