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 ClaimRestrictive “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 PTSDAnimal 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 RespondersWhat 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?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 RespondersThe 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 Court Reiterates Objective Standard For PTSD Claims Virginia Court Reiterates Objective Standard For PTSD ClaimsMartin 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...
Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue? Book Review: Does Pop Culture’s PTSD Discussion Give You Combat Fatigue?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...
Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As Child Tennessee Nurse’s PTSD Claim Fails In Spite of Flashback to Being Raped As ChildThe 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...
Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching CustomersA 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...
New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical Procedure New York Court Affirms PTSD Award to Physician’s Assistant Threatened by Surgeon During Surgical ProcedureIn 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...
Nebraska Retail Worker Awarded TTD Benefits and Continued Medical Care to Deal With PTSD and Drug Dependency Following Work-Related Shooting Nebraska Retail Worker Awarded TTD Benefits and Continued Medical Care to Deal With PTSD and Drug Dependency Following Work-Related ShootingReiterating 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”