Tag Archives: PTSD

Virginia Court Reiterates Objective Standard For PTSD Claims

The Virginia Workers’ Compensation Commission did not err when it found that a state trooper’s PTSD did not arise out of and in the course of his employment [Hess v. Virginia State Police, 2017 Va. App. LEXIS 280 (Nov. 14, 2017)]. … Continue reading

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Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?

Martin Klug’s New Book Provides Important Insight During a famous incident that occurred in Sicily during August 1943, General George S. Patton, in two separate incidents, slapped U.S. Army privates who were being treated for “combat fatigue” in Army evacuation … Continue reading

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Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child

In an opinion not yet designated for publication [see Ireton v. Horizon Mental Health Mgmt., LLC, 2016 Tenn. LEXIS 3 (Jan. 19, 2016), a Tennessee appeals panel affirmed the denial of workers’ compensation benefits to a registered nurse of a … Continue reading

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Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers

The manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had stolen her her purse under a desk near the front … Continue reading

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New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure

A New York appellate court has affirmed a decision of the state’s Workers’ Compensation Board that awarded workers compensation benefits for a stress-related injury sustained by a cardiothoracic physician’s assistant (“PA”) who contended she was threatened with physical violence by … Continue reading

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Nebraska Retail Worker Awarded TTD Benefits and Continued Medical Care to Deal With PTSD and Drug Dependency Following Work-Related Shooting

In a recent case with rather bizarre underlying facts, the Supreme Court of Nebraska affirmed an award of temporary total disability benefits for an employee’s PTSD condition and inpatient treatment for chemical dependency that worsened after the employee was shot … 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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“Mental-Mental” Claims: Within Which Category Does West Virginia Fall?

As you may know, later this month (Nov. 20–22), attorneys, academics, claims managers, risk consultants, and others will gather at the 22nd Annual National Workers’ Compensation and Disability Conference & Expo, at Mandalay Bay in Las Vegas. I’m on two … 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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