Tag: subjective

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
Aug 29, 2019

Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements

Construing Tex. Lab. Code Ann. § 408.001(b), which provides that the exclusive remedy provision of the Texas Workers’ Compensation Act does not prohibit the recovery of exemplary damages by the...

Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements Texas Gross Negligence Statute Requires Showing of Both Objective and Subjective Elements
Nov 16, 2017

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 Court Reiterates Objective Standard For PTSD Claims Virginia Court Reiterates Objective Standard For PTSD Claims