NY - High Court Finds PTSD Claims for COVID-19 Exposure Not Compensable
11/26/2025 | 0
New York's highest court said the State Workers' Compensation Board was not required to consider the prevalence of COVID-19 in the workplace when it rejected pandemic-related stress claims.
Three transit workers and a teacher filed workers' compensation claims for post-traumatic stress disorder from workplace exposure to COVID-19 during the early days of the pandemic.
The State Workers' Compensation Board held that the workers failed to demonstrate they were exposed to greater stress than their colleagues and therefore did not establish the accidental nature of their injuries...
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The Massachusetts Appeals Court upheld a judge’s allocation of 84% of a worker’s third-party recovery as damages for his pain and suffering.
Case: Weir v. Shawnlee Construction LLC, No. 24-P-1170, 11/18/2025, unpublished.
Facts: John Weir worked as an electrician for a construction project overseen by Erland Construction Inc. A set of stairs collapsed under Weir while he was working on the project, causing him to fall and sustain injuries. Shawnlee Construction LLC had installed the stairs.
Weir was out of work for approximately two years after the accident. The Liberty Mutual I...
A federal appellate court chastised an injured worker’s attorney for failing to consult the Federal Rules of Civil Procedure in seeking the dismissal of a third-party tort claim and vacated the prejudice that had been attached to the dismissal.
Case: Connelly v. Daystar Builders Inc., No. 24-2148, 11/17/2025, unpublished.
Facts: Robert Connelly worked for A&M Fire Protection LLC. In July 2021, Connelly fell approximately 20 feet from an attic area to the concrete floor below while working on a renovation project at the LaVale Library in Allegany County, Maryland.
Conne...
An Ohio appellate court upheld a denial of relief to a worker allowing her to challenge a district hearing officer’s denial of her workers’ compensation claim based on the alleged failure of her attorney to receive notice of that decision.
Case: McCormack v. Ashtabula County Medical Center, No. 24AP-270, 11/13/2025, published.
Facts and procedural history: Angela M. McCormack worked for the Ashtabula County Medical Center, a self-insuring employer.
She filed a workers’ compensation claim in September 2020.
McCormack and her attorney attended a hearing in December 2020 bef...
San Diego, California - 11/14/2025 - Dietz, Gilmor & Chazen, APC, a California statewide law firm practicing exclusively in workers' compensation defense, subrogation, asbestos, Labor Code §132a, and serious and willful misconduct claims, promotes Peter M. Golden, Esq. to Partner.
Mr. Golden is a Partner based out of the San Diego office of Die...
In 1952 (over 73 years ago) the California Supreme Court upheld the constitutionality of the Subsequent Injuries Benefits Trust Fund in the Patterson case (17 CCC 142). But not only did the court uphold SIBTF constitutionally, they therein set forth the basis of how SIBTF benefits would be paid.
The court gives the example of the one-eyed man, stating:
“Workers’ Compensation laws of various states and the federal government contain provisions for additional compensation to be paid from a fund (rather than by the employer or his workers’ compensation insurance ca...
A New York appellate court ruled that a worker should have been granted summary judgment on his Labor Law claim for his fall from a ladder.
Case: Molina v. Chatham Towers Inc., No. 156785/21, 11/18/2025, published.
Facts: Pablo Molina allegedly suffered injuries from a fall from an unsecured A-frame ladder he was using to remove insulation coverings from ceiling pipes. He claims the ladder suddenly moved and fell while he worked at the top of it.
According to Molina’s supervisor, the supervisor set up the ladder, climbed it to show Molina which pipe coverings to cut and remove, and th...
WorkCompCentral is holding its 2025 annual rating workshop Dec. 13.
The program will feature an update on cases involving rating and apportionment and a review of what judges are looking for when deciding rating issues.
Presenters will discuss current issues with the application of the 5th edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment, underutilized issues in the application of the AMA Guides and their use for Almaraz/Guzman ratings.
Other topics include what constitutes substantial evidence for medical and vocational expert reports and c...
The Illinois Appellate Court rejected an injured police officer's challenges to the proper date of commencement for his disability pension payments and the amount of those benefits.
Berwyn police officer Michael Vokac was injured in March 2020 attempting to subdue a combative individual.
He underwent multiple surgeries but was never able to return to duty.
Vokac collected benefits pursuant to the Public Employee Disability Act while undergoing treatment. These PEDA benefits paid Vokac his full salary, and pension contributions were deducted from the payments.
Vokac’s PE...
The Washington Court of Appeals upheld a determination that the Department of Labor and Industries accurately calculated the retroactive disability pension benefits owed to an injured worker, and that it did not intentionally or unreasonably delay making payment to him.
Case: Yetter v. Department of Labor and Industries, No. 87957-0-I, 11/17/2025, unpublished.
Facts and procedural history: Gary Yetter worked as a King County paramedic. He filed a workers’ compensation claim in 2017.
The Department of Labor and Industries denied his claim, and the Board of Industrial Appeals affirmed.
...
The Kentucky Court of Appeals partially overturned an award for a coal miner’s injuries, finding an administrative law judge erred in accepting impairment ratings for both wrists and both shoulders instead of making findings on an individual impairment rating for each shoulder and hand.
Case: Muhlenberg County Coal Co. LLC v. O’Bannon, No. 2025-CA-1128-WC, 11/14/2025, unpublished.
Facts: Nathan O’Bannon worked for the Muhlenberg County Coal Co. LLC. He filed a workers’ compensation claim for alleged injuries to his neck, back, shoulders, hands, and knees.
Chiropracto...
A New York appellate court ruled that the defendants’ motion for summary judgment on a Labor Law claim should have been granted.
Case: Healy v. Trinity Hudson Holdings, No.155818/20, 11/18/2025, published.
Facts: Michael Healy allegedly suffered injuries while working in a meeting room that had projection screens, soundproof walls, and raised floors, including a platform for the speakers. The platform had two access points — one via a ramp and the other on the opposite side of the platform, via a two-step staircase.
Healy needed to work on the ceiling above the platform, so he p...
The Connecticut Division of Criminal Justice announced that a Norwalk police officer was accused of workers' compensation fraud after investigators allegedly found him lifting weights in contradiction to physical limitations he reported to his provider.
Steven Luciano, 44, said he injured his neck exiting his patrol vehicle in November 2024. He said the injury compromised grip strength in his dominant hand and he could not return to work because he could not use his firearm.
Luciano was placed on temporary total disability status.
The Connecticut Interlocal Risk Management Agency in Jan...
The Delaware Department of Labor announced provider participation rose after lawmakers increased reimbursement rates for certain services.
Delaware lawmakers in 2014 passed HB 373, which created the Workers' Compensation Oversight Panel and tasked it with creating a fee schedule to cut medical costs by 20% in the first year and by 33% over three years.
The Workers Compensation Research Institute in 2022 reported that the bill delivered the expected savings.
The Department of Labor, however, said the reimbursement rate for evaluation and management services fell below the rate paid by th...
The Iowa Court of Appeals reinstated a state employee’s gross negligence claim against a co-worker.
John Larson was an inmate at the Newton Correctional Facility, and he worked as an employee for the State of Iowa. Chad Holmes was also a state employee working as a correctional trades leader within the correctional facility.
Holmes borrowed a skid loader from a local business when the one owned by the state and used at the facility stopped working. He then instructed Larson to help move a snowplow blade with the skid loader.
Holmes used the forks of the skid loader to lift the sn...
An Ohio appellate court ruled that a worker was entitled to writ relief returning her case to the Industrial Commission to reevaluate her entitlement to permanent total disability benefits.
Case: State ex rel. Davis v. Industrial Commission, No. 24AP-431, 11/13/2025, published.
Facts: Peggy Davis worked for the Ohio Department of Transportation. She suffered injuries from a workplace fall in July 2013.
The Bureau of Workers’ Compensation accepted Davis’ claim for an aggravation of her preexisting spinal stenosis and central cord syndrome, as well as adjustment disorder.
Procedu...
A New York appellate court revived a worker’s Labor Law action against a residential property owner.
Case: Reyes v. Rahman, No. 2024-01041, 11/19/2025, published.
Facts: Jose Cuervo Reyes allegedly suffered injuries while working on a property owned by Mohammad Rahman when he fell from a ladder.
Procedural history: Reyes filed suit against Rahman, asserting claims for violations of the Labor Law.
He moved for summary judgment on the issue of liability under Section 240(1).
Section 240(1) imposes absolute liability on property owners, general contractors or their agents for failing t...
