Tag: mental injury

Jan 27, 2022

New Mexico Cannot Differentiate Between Secondary Mental Benefits and Secondary Physical Benefits

Capping secondary mental impairment benefits—pursuant to NMSA 1978, Section 52-1-41(C)(2015)—to the number of weeks allowable for the worker’s original physical injury [e.g., 150 weeks where the mental injury is secondary...

New Mexico Cannot Differentiate Between Secondary Mental Benefits and Secondary Physical Benefits New Mexico Cannot Differentiate Between Secondary Mental Benefits and Secondary Physical Benefits
Dec 29, 2021

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents

Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents NY Firefighter Successfully Proved PTSD Claim Based Upon Multiple Gruesome Incidents
Dec 16, 2021

Iowa Court Affirms Denial of Death Benefits in Suicide Case

An Iowa appellate court affirmed a district court’s decision affirming the denial of death benefits to a widow whose husband committed suicide mere hours after he had been terminated from...

Iowa Court Affirms Denial of Death Benefits in Suicide Case Iowa Court Affirms Denial of Death Benefits in Suicide Case
Dec 6, 2021

Oregon Software Worker Fails to Establish Mental Disorder Claim

Illustrating the substantial barrier that many Oregon claimants contend has been erected via the combination of the state’s “clear and convincing evidence” standard and its “major contributing cause” requirement [see...

Oregon Software Worker Fails to Establish Mental Disorder Claim Oregon Software Worker Fails to Establish Mental Disorder Claim
Jul 12, 2021

AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected

In a split decision, an Arizona appellate court affirmed a finding by the state’s Industrial Commission that a police officer failed to establish a compensable workers’ compensation claim based on...

AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected AZ Police Officer’s PTSD Claim Fails Since Stress was not Unexpected
Feb 23, 2021

W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”

In a deeply divided (3-2) memorandum decision, the Supreme Court of Appeals of West Virginia affirmed a decision rejecting the claim of a cashier at a gaming parlor who contended...

W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template” W. Va Claimant’s PTSD Claim Fails in Spite of Her Use of Earlier Case as a “Template”
Dec 17, 2020

Florida First Responder’s PTSD Claim is Untimely Filed

A Florida appellate court held the 52-week filing requirement found in § 112.1815(5)(d), Fla. Stat., operated as a statute of repose, and not as a statute of limitations. Under the...

Florida First Responder’s PTSD Claim is Untimely Filed Florida First Responder’s PTSD Claim is Untimely Filed
Oct 23, 2020

Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition

An Ohio appellate court reversed a trial court’s determination that an injured worker had not sustained a compensable mental injury–Depressive Disorder, not otherwise specified–stemming from her original 2007 knee injury,...

Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition Foreseeability of Ohio Worker's Depression is Not a Factor in Judging Compensability of Mental Condition
Oct 6, 2020

Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress

Reiterating New York’s adherence to an objective, rather than a subjective standard with regard to stress-related claims, a state appellate court affirmed a determination by the state’s Workers’ Compensation Board...

Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress Correctional Officer's PTSD Claim Fails under NY's Objective Standard of Stress
Feb 19, 2020

Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim

Construing Ariz. Rev. Stat. § 23-1043.01(B), which denies coverage for mental injuries, such as PTSD, unless some “unexpected, unusual or extraordinary stress related to the employment … was a substantial...

Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim Unusual “Event” Versus Unusual “Stress”: AZ Court Says Commission Should Reconsider Deputy Sheriff’s PTSD Claim