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 IncidentsIn 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 UnexpectedIn 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”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 FiledReiterating 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 StressThe District of Columbia Court of Appeals held that a public-sector employee may not recover schedule benefits for PTSD pursuant to D.C. Code § 1-623.07 (2016 Repl.) since that statute...
District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSD District of Columbia's Public Sector Comp Act Does Not Provide Schedule Benefits for PTSDConstruing 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 ClaimA Washington appellate court affirmed a finding by the state’s Department of Labor and Industries (”the Department”) that an employee could not prevail in her occupational disease claim for post-traumatic...
Washington Claimant May Not Recover for PTSD as an Occupational Disease Washington Claimant May Not Recover for PTSD as an Occupational DiseaseMinn. Stat. § 176.011, subd. 15(d) (2018), which requires the employee to prove that the employee has been diagnosed with post-traumatic stress disorder (PTSD) by a licensed psychologist or psychiatrist...
Minnesota High Court Explains PTSD Evidentiary Requirements Minnesota High Court Explains PTSD Evidentiary RequirementsThis Wednesday (July 10, 2019), Connecticut Governor Ned Lamont, flanked by a group of first responders and state legislators, signed into law a new provision [S.B. 164, enrolled as Public...
PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder PTSD Now a Compensable Condition in Connecticut—But Only if You’re a First Responder