“Startled” Employee Can Get Benefits

State Rules “Startled” Employee Can Get Benefits

The Tennessee Workers’ Comp Appeals Board Court says that an employer must pay benefits including permanent disability to a Tennessee worker who sustained injuries after being startled by an animal.
The employee, Raymond Pridgen, was waiting in a designated break area for a ride when an opossum jumped out from behind a dumpster. The rodent startled Pridgen to such an extent that he fell and sustained injuries to his back and shoulder.
After the initialing accepting the claim, the employer, Texas Roadhouse, decided it was not going to pay it and took the case to court. The worker sustained a significant rotator cuff injury and was deemed permanently disabled by a vocational expert.
The appeals court ruled that the worker was injured in the course of his employment. Even if he wasn’t being paid, the opossum scare happened when he was passing “to and from” where work is done.

Mean Words Did Not Cause Work Injury

A worker claiming that he suffered depression and post traumatic stress disorder (PTSD), because a co-worker was mean to him is not entitled to benefits, a Massachusetts court rules.
The worker claims that he was verbally abused by a fellow co-worker when he worked for a hospital. After suffering subsequent physical injuries, he was granted disability retirement.
He later produced medical reports from a psychiatrist confirming his mental state. The Massachusetts Supreme Court Appellate Division was not convinced this was a work accident. Finding, among other things, that the worker had a history of conflict with his co-worker.
The court also noted that the employer took appropriate steps to address the issue including terminating the employee.

Employee Can Be Denied for Failure to Notify

The Massachusetts Reviewing Board finds there is insufficient evidence to support a worker’s assertion that he timely notified his employer about his injury.
The worker, Cesar Lugo, was a maintenance foreman for Salem State College, when he was injured in a fall. Despite his injury, Lugu continued to work through 2016.
The self-insured employer denied Lugu benefits stating that he did not report the injury when it happened. The self-insurer argued that an earlier decision by a judge relying on witness testimony lacked sufficient findings.
The Board noted that an employee has four years to report an injury as the cause of disability, but the employee must provide a notice when the injury occurs.

Cowboy State Looking for Comments

The Wyoming Department of Workforce Services is in the midst of gathering comments for changes to the Workers’ Comp Rules.
The changes are mainly cosmetic involving the elimination of duplicate language.
The duplicate language being removed can be found in the chapter involving durable medical equipment claims.
The entire rule and proposed changes can be found on the DWS site. Comments are due May 20.