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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

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. 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. MISSING
Regular Panel Decision

Claim of Guess v. Finger Lakes Ambulance

The claimant, a paramedic, suffered from post-traumatic stress disorder after responding to a fatal industrial accident where a victim conversed with her before succumbing to horrific injuries. While a Workers' Compensation Law Judge initially found the injury accidental, the Workers' Compensation Board later disallowed the claim, asserting that the stress was not greater than what a paramedic typically experiences. The appellate court affirmed the Board's decision, citing evidence that paramedics are routinely exposed to traumatic events. This ruling emphasizes that for a mental injury from psychic trauma to be compensable, the stress must exceed that of a similarly situated worker's normal work environment.

Post-Traumatic Stress DisorderParamedicAccidental InjuryPsychic TraumaWorkers' Compensation BenefitsStress-Related InjuryNormal Work EnvironmentTraumatic Event ExposureMental Injury CompensabilityAppellate Review
References
8
Case No. MISSING
Regular Panel Decision

Marsh v. Travelers Indemnity Co. of Rhode Island

Oneta H. Marsh, a retired manager from AT&T, filed a lawsuit seeking workers' compensation benefits for posttraumatic stress disorder. She alleged the disorder resulted from being forced to choose between retirement and a significant demotion. After the Industrial Accident Board ruled against her, and the trial court granted summary judgment in favor of The Travelers Indemnity Company of Rhode Island, Marsh appealed. She contended that her post-traumatic stress disorder constituted an occupational injury incurred within the scope of her employment. The appellate court affirmed the summary judgment, concluding that mental or emotional distress arising from job expectations, changes, or forced retirement does not fall under an 'injury sustained in the course of employment' according to Texas Workers’ Compensation Act.

Posttraumatic StressOccupational DiseaseMental HealthEmployment DisputeSummary Judgment ReviewAppellate AffirmationTexas JurisprudenceInjury ScopeEmployer DecisionForced Retirement
References
8
Case No. MISSING
Regular Panel Decision

Claim of D'Errico v. New York City Department of Corrections

Claimant, a maintenance worker for the New York City Department of Corrections, sought workers' compensation benefits for severe major depressive disorder with psychotic features, post-traumatic stress disorder, and panic disorder, which he attributed to exposure to violent incidents at work. The Workers' Compensation Board denied his claim, concluding he was not exposed to greater work-related stress than similarly situated employees. Claimant appealed both the initial denial (April 20, 2007) and the subsequent denial of reconsideration/full Board review (January 23, 2008), but failed to timely perfect the appeal from the initial decision. Consequently, the court's review was limited to whether the Board abused its discretion in denying reconsideration. Finding no abuse of discretion, as the claimant presented no new evidence or material change in conditions, and the Board had fully considered the issues, the court affirmed the Board's decision.

Mental Health ClaimsDepressive DisorderPTSDPanic DisorderWorkplace StressAppellate ReviewBoard ReconsiderationFull Board ReviewDiscretionary ReviewTimeliness of Appeal
References
20
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. 2021 NY Slip Op 04075
Regular Panel Decision
Jun 24, 2021

Matter of Traverso v. DiNapoli

Petitioner Manuel Traverso Jr., a former State Police investigator, sought accidental disability retirement benefits due to post-traumatic stress disorder, manic depression, and anxiety stemming from his dangerous undercover narcotics work. His duties involved interacting with drug cartels and informants, exposing him to traumatic events. After a panic attack in 2015, he was diagnosed and deemed unable to work, leading to his application for benefits. The New York State and Local Retirement System and subsequently the Comptroller denied his application, ruling that his disability was not the result of an 'accident' as defined by Retirement and Social Security Law § 363, but rather from the inherent risks of his job. The Appellate Division, Third Department, confirmed the Comptroller's determination, finding substantial evidence that the stress causing his mental injuries was an ordinary part of his duties. Consequently, the court dismissed his petition, affirming that his injuries were not accidental.

Accidental Disability Retirement BenefitsPost-Traumatic Stress DisorderUndercover Narcotics InvestigatorState PoliceRetirement and Social Security LawCPLR Article 78 ProceedingComptroller's DeterminationSubstantial EvidenceOrdinary Course of Job DutiesMental Injuries
References
10
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
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