Claim of Bottieri v. Travelers Insurance
Claimant, a senior benefits specialist, developed physical and psychiatric symptoms due to perceived job-related stress from early 1990, including headaches, neck/arm pain, "auras," and a seizure. Despite the stress, she sought and received a promotion in 1992, followed by a demotion in 1993, after which she stopped working and filed for workers' compensation benefits in November 1993. A Workers’ Compensation Law Judge initially found the claim compensable, but the Workers’ Compensation Board reversed, concluding that claimant was not exposed to undue job-related stress and that personnel decisions were lawful. On appeal, the court determined that the claim was not barred by Workers’ Compensation Law § 2 (7) as the symptoms predated the personnel decisions. However, the court affirmed the Board’s denial of benefits, finding substantial evidence that the claimant failed to demonstrate her experienced stress was greater than that of similarly situated workers in a normal work environment.