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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Underwood v. Zurich Insurance Co.

Cas Underwood, an employee of BASF Corporation, sustained work-connected injuries from an explosion. He received a lump-sum disability award, which was later paid by Zurich Insurance Company. Subsequently, Underwood was diagnosed with Post-traumatic Stress Disorder (PTSD) and petitioned to reopen the final judgment, seeking additional disability benefits. The trial court dismissed his petition to reopen, citing a Tennessee statute on the finality of lump-sum payments, but granted his motion for future medical expenses related to PTSD. On appeal, the Supreme Court of Tennessee affirmed the trial court's decision, concluding that an increase in disability after a lump-sum award does not constitute grounds for relief under Tenn.R.Civ.P. 60.02(5) and that timely notice was given for medical expenses.

Workers' CompensationPost-traumatic Stress DisorderLump-sum SettlementFinality of JudgmentRule 60.02Increased DisabilityMedical ExpensesNotice RequirementAppellate ReviewStatutory Interpretation
References
17
Case No. W2001-00179-COA-R3-CV
Regular Panel Decision
Sep 13, 2001

Michael Cheslock v. Bd. of Admin., etc .

Michael Cheslock, a Memphis Police Lieutenant, sought a line of duty disability pension for job-related Post Traumatic Stress Disorder (PTSD) after two specific traumatic incidents. The Pension Board denied his request, citing that his condition did not meet the 'accident at some definite time and place' requirement of the Memphis Code of Ordinances. This decision was upheld by the Chancery Court of Shelby County. On appeal, the Court of Appeals of Tennessee affirmed the lower court's ruling, finding material evidence supported the Pension Board's determination. The appellate court concluded that the incidents, while extreme, could be considered within the expected scope of a Tactical Unit officer's duties, and that the evidence was ambiguous regarding whether the PTSD resulted from a specific accident or a gradual build-up of stress.

PTSDDisability PensionWorkers' CompensationMental InjuryLine of DutyMemphis CodeWrit of CertiorariPolice OfficerJob-related StressAccident Definition
References
10
Case No. MISSING
Regular Panel Decision

Ornstein v. New York City Health & Hospitals Corp.

This case addresses the viability of claims for emotional and psychological injury, specifically AIDS phobia and post-traumatic stress disorder, following an HIV exposure. The plaintiff, a nurse, was accidentally pricked by a contaminated needle and subsequently developed severe emotional distress. The Supreme Court had allowed her claims for post-traumatic stress disorder to extend beyond the established six-month limitation for AIDS phobia. However, this appellate court reversed that decision, ruling that all related emotional damages must adhere to the six-month period, based on the scientific consensus regarding the likelihood of HIV infection detection.

AIDS PhobiaHIV ExposureEmotional DistressPost-Traumatic Stress DisorderNegligent Infliction of Emotional DistressSix-Month Limitation RuleMedical ConsensusObjective StandardNeedle Stick InjuryWorkers' Compensation Psychiatrist
References
19
Case No. MISSING
Regular Panel Decision

Employers Insurance of Wausau v. Contreras

Heriberto Contreras, a maintenance mechanic, was injured in a gas explosion at Sea Lion Chemical Company and suffered burns. After the Texas Workers’ Compensation Commission made an award, Contreras sought judicial review in district court, claiming compensation for physical injuries and post-traumatic stress disorder. A jury found him totally incapacitated and awarded him a lump sum and future medical benefits. Employers Insurance of Wausau appealed, arguing the trial court wrongly struck its amended answer, which sought to add defenses related to Contreras's failure to notify and file a claim for post-traumatic stress disorder within the statutory timeframes. The appellate court, interpreting Rule 93 of the Texas Rules of Civil Procedure, determined that Wausau’s amended answer was timely filed. The court reversed the trial court's judgment and remanded the case, holding that the error in striking the amended answer likely caused an improper judgment.

Workers' CompensationPost-Traumatic Stress DisorderAmended PleadingsTimeliness of FilingTexas Rules of Civil ProcedureRule 93Statutory InterpretationAppellate ReviewReversalRemand
References
2
Case No. 2021-04-0181
Regular Panel Decision
Feb 10, 2022

Mancino, III, Dominic v. City of Westmoreland

This Expedited Hearing Order addresses Dominic Mancino, III's request for benefits for post-traumatic stress disorder (PTSD), allegedly stemming from an incident involving a distraught mother at an overdose scene. The Court, presided over by Judge Robert Durham, denied Mr. Mancino's requests, finding that he failed to provide sufficient medical evidence from a qualified medical doctor to prove a causal link between his alleged PTSD and his employment under Tennessee Workers’ Compensation Law. The decision highlighted the lack of a medical doctor's opinion for causation, inconsistencies in the claim, the timing of the claim coinciding with a criminal investigation, and the incident not being "unusual from the ordinary stress" of police work. The Court also referred the employer, City of Westmoreland, to the Compliance Program for a potential penalty regarding its failure to offer a panel of doctors.

PTSDPolice OfficerMental InjuryDenial of BenefitsCausationMedical OpinionPsychological EvaluationTraumatic EventAlcohol AbuseAdministrative Leave
References
5
Case No. 2015-01-0098
Regular Panel Decision
Aug 01, 2016

Johnson, Joshua v. Family Dollar Stores, Inc.

This expedited hearing concerned Joshua Johnson's request for payment of past and ongoing psychiatric treatment for Post-Traumatic Stress Disorder (PTSD), which he attributed to a workplace stabbing incident. The employer, Family Dollar Stores, Inc., contended that Mr. Johnson's treating physician, Dr. Phillip Smith, never referred him for psychiatric care as required by law, and that medical records did not substantiate his claims of reporting PTSD symptoms. The Court found Mr. Johnson's testimony regarding his symptoms lacked credibility due to inconsistencies with medical records that indicated a pre-existing PTSD condition. Although Dr. Erica Skidmore, a psychologist Mr. Johnson consulted independently, diagnosed him with PTSD related to the incident, her opinion was deemed unreliable because Mr. Johnson failed to disclose his pre-existing PTSD during her evaluation. Consequently, the Court denied Mr. Johnson's request for medical benefits for psychiatric treatment, concluding he was unlikely to prevail on the merits.

PTSDWorkers' CompensationExpedited HearingMedical BenefitsPsychiatric TreatmentCausationPre-existing ConditionCredibilityEmployee TestimonyMedical Records
References
6
Case No. MISSING
Regular Panel Decision
Mar 01, 2006

Sanchez v. City of New York

The Supreme Court, New York County, denied plaintiffs’ motion to vacate a settlement pertaining to an infant plaintiff's emotional injuries. The appellate court unanimously affirmed this denial. Plaintiffs, including the infant's guardian, claimed they only discovered the true extent of the infant's emotional injuries, including post-traumatic stress syndrome, in the summer of 2005 following an examination by a social worker. However, the court found that these psychological injuries were known from the case's inception in 2001 and were appropriately considered when the settlement was agreed upon in December 2004. Evidence, including a 2001 psychiatric evaluation, confirmed the infant's diagnosis of post-traumatic stress disorder prior to the settlement agreement.

Settlement DisputeInfant's RightsPost-Traumatic Stress DisorderVacating SettlementCompromise OrderPsychological HarmSearch Warrant ExecutionAppellate AffirmationParental GuardianJudicial Discretion
References
2
Case No. 2017-03-0186
Regular Panel Decision
Sep 05, 2017

Sexton, Caitlyn v. Bad Daddy's Burger Bar

Caitlyn Sexton, a bartender/server for Bad Daddy's Burger Bar, was assaulted by a customer while on a smoke break outside the restaurant. The customer, girlfriend of a Bad Daddy's cook, had reportedly harassed Sexton earlier. Sexton reported the incident to her supervisor and sought treatment for post-traumatic stress disorder (PTSD) from Dr. Glenn Peterson, who attributed her PTSD directly to the assault. The employer contested compensability, but the Court applied the street-risk doctrine, concluding that Sexton's injury was work-related. The Court ordered Bad Daddy's to pay initial medical bills and authorize ongoing treatment for Sexton's injuries.

Assault in WorkplacePTSDStreet-Risk DoctrineWorkers' Compensation JudgeMedical Expense ReimbursementAuthorized Medical TreatmentEmployment-Related InjuryCausation StandardTennessee LawExpedited Hearing
References
12
Case No. MISSING
Regular Panel Decision

Claim of Betro v. Barney

Claimant, a senior business analyst, sought workers' compensation benefits for post-traumatic stress disorder (PTSD) following the September 11, 2001 terrorist attacks, alleging his workplace proximity to the World Trade Center caused his condition. A Workers’ Compensation Law Judge initially approved the claim, but the Workers’ Compensation Board reversed, finding an insufficient connection between his exit route and employer's premises. The claimant appealed, arguing special hazards and employer's evacuation exacerbated his distress. The Appellate Division affirmed the Board's decision, concluding that the claimant's voluntary lingering 50 feet or more from his employer's premises severed the association between his employment and his injury, thereby ruling his PTSD did not arise out of and in the course of his employment.

PTSDSeptember 11World Trade CenterWorkers' CompensationCourse of EmploymentArising out of EmploymentOff-premises InjuryCausal RelationshipPost-traumatic Stress DisorderEvacuation
References
6
Case No. 2017-05-0944
Regular Panel Decision
Apr 02, 2018

White, Carole vs. Community Care of Rutherford Co.

Ms. White filed a Request for Expedited Hearing seeking medical and temporary disability benefits for post-traumatic stress disorder (PTSD) and anorexia nervosa, which she attributed to a hostile work environment. The primary legal questions were whether she provided adequate notice of her injury and if she was likely to prove the injury arose primarily out of and in the course of her employment. The Court found Ms. White was likely to prevail on the notice issue, as the employer showed no prejudice from lack of written notice. However, the Court concluded she was not likely to prevail on the compensability issue due to a lack of specific evidence regarding an identifiable stressful, work-related event or how her experience compared to others in similar roles. Consequently, her claim for benefits was denied at this time.

Workers' CompensationExpedited HearingPTSDAnorexia NervosaMental InjuryHostile Work EnvironmentNotice of InjuryCompensabilityMedical BenefitsTemporary Disability Benefits
References
3
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