PTSD: The Evidence Is There

• The Minnesota Supreme Court rules that a worker can rightfully claim benefits after hearing about an incident in 2020 that shook her to her very core.
• Janine Tea, a social worker for Ramsey County, says suffered post traumatic stress disorder in the course of her employment, when told that one of her clients had murdered his girlfriend. She was subjected to grisly details throughout the day.
• When her employer discontinued her benefits, Tea sought a diagnosis from a psychotherapist, who confirmed that she had PTSD. He recommended that she stay off work through the end of 2021. Her employer’s doctor said she was more likely suffering from burnout.
• The court says that the evidence provided by Tea’s doctor was sound. Ramsey’s contention that an employee could use any mental disorder to claim PTSD is unfounded. A worker’s comp judge must consider all the medical evidence, including DSM criteria to decide.
  Read More

 

Court: The Judge is the Trier of Fact

• Florida’s 1^st District Court of Appeals rules that a workers’ comp judge can rely on a flexible approach when judging permanent disability benefits, not necessarily strict guidelines.
• The worker suffered a head, arm, and ankle injury in a work-related accident. He was awarded Temporary Total Disability. He was terminated from his job for other reasons, and after various short-lived employment, did a job search. The worker was placed on maximum medical improvement and told he could not lift more than four pounds with his right arm.
• Despite this, his employer denied his permanent disability. The employer invoked a case called, Blake which it says sets down specific standards for determining PD.
• The Judge Compensation of Claims found, and the Appellate Court agreed, that the employee had done a thorough job search based on his limitations. It also determined that the JCC was perfectly correct in considering all the evidence from vocational experts. The list of considerations in Blake are simply guidelines, nothing more.
  Read More

 

Quick Refresher on Workers’ Comp

• Every company is required to carry workers’ compensation insurance, not just high-risk industries.
• In many states, it’s the exclusive remedy for injuries sustained on the job, thus protecting employers from lawsuits.
• While it can be expensive to carry workers’ comp, especially in some industries, it’s essential to cover medical costs including permanent disability.
• Failure to carry workers’ comp can lead to huge fines, as can deliberately under reporting the number of employees to get lower premiums.
  Read More