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Worker Doesn't Need to Face Risk of Harm for Psyche Claim to Be Compensable

By Sherri Okamoto (Legal Reporter)

Thursday, March 19, 2015 | 0

The Virginia Court of Appeals this week clarified that a longshoreman who accidentally ran over a coworker with a forklift, causing gruesome injuries resulting in her death, didn't need to be exposed to any risk of harm during the incident for his psychological distress to be compensable. "Although a risk of harm to a claimant may be a factor in cases where the compensability of psychological injuries is evaluated, our court has never held that this factor is a requirement, and we decline to do so now," a unanimous panel ruled Tuesday in Jackson v. Ceres Marine Terminals. Samue...

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