Tag: mental injury

Jul 30, 2019

NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack

A New York appellate court, weighing conflicting medical evidence as to the causal connection, if any, between a business woman’s heart attack was causally connected to her employment, recently affirmed...

NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack NY Hair Salon Owner Fails to Show Causal Connection Between Rude Customers and Her Heart Attack
Apr 9, 2019

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...

Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional
Mar 25, 2019

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,...

Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim Arizona Officer’s PTSD Not Barred By Three-Year Delay in Filing Claim
Mar 22, 2019

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...

Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD Washington Public Defender May Be Able to Recover in Tort for Work-Related PTSD
Jan 14, 2019

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...

Kentucky Considers PTSD Benefits—but Only for First Responders Kentucky Considers PTSD Benefits—but Only for First Responders
Dec 10, 2018

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,...

29-Month Delay in Filing North Dakota Claim Bars Recovery 29-Month Delay in Filing North Dakota Claim Bars Recovery
Mar 30, 2018

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...

Commentary: How Equitable is Florida’s New PTSD Coverage? Commentary: How Equitable is Florida’s New PTSD Coverage?
Mar 26, 2018

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...

Florida Legislature Approves PTSD Coverage for First Responders Florida Legislature Approves PTSD Coverage for First Responders
Apr 5, 2017

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...

New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable New York: Nurse’s Stress Claim Tied to Bona Fide Personnel Decision is Not Compensable
Mar 10, 2014

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...

Minnesota High Court Says PTSD is No “Brain Injury” Minnesota High Court Says PTSD is No “Brain Injury”
Jun 5, 2013

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...

Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp Claim Ohio: Supreme Court Reiterates that Mental Injury Must Be Caused By, and Not Merely Contemporaneous With, Physical Injury To Support Comp Claim
Feb 24, 2013

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...

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