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Atypical Workers’ Comp Cases

Posted on : October 9, 2020
Workers Compensation Claims

Workers’ compensation cases can be fairly straightforward, or they can be difficult. Others are maybe not your type of cases, here are 5 unconventional cases.

1. Physician’s Assistant Compensated for PTSD After Being Threatened in the OR by a Surgeon

The Workers’ Compensation Board in New York determined that a physician’s assistant was eligible for compensation for post-traumatic stress disorder induced by being threatened by a surgeon during an operation. Under New York law, a work-related injury is only compensable if the stress is greater than what is normally experienced in the work environment.

2. Mother Employed by State to Care for Injured Son Compensated After Being Attacked With a Knife

A Pennsylvania appellate court reversed a decision not to compensate a woman who was attacked by her son with a knife while providing him with medical care under a state-funded program. The court ruled that the program required her to remain on the premises, therefore the injuries she sustained qualified for workers’ compensation benefits.

3. Attorney Seeks Compensation for Motorcycle Accident During a Rally, Stating the Accident Occurred When He Was Attempting to Drum Up Business for the Firm

A Wisconsin attorney sought workers’ comp benefits for injuries sustained in a motorcycle accident that occurred while he was attending a motorcycle rally. He claimed that he was drumming up business for the firm at the time the accident occurred, and the firm had him do the same on other occasions and even paid for snacks. However, the Wisconsin Labor & Industry Review Commission ruled that the attorney was not “working” at the time the accident occurred and was simply engaging in a social activity with friends with whom he sometimes did business.

4. Intoxicated Claims Adjuster Not Compensated After Dune Buggy Accident, Regardless of Being on a Work-Related Travel Assignment

A Washington claims adjuster who traveled to Galveston Island after Hurricane Ike was involved in a dune buggy accident after becoming intoxicated. When he sought workers’ comp benefits, a Washington appellate court determined that although he was on a work-related trip, riding a dune buggy was purely for recreational purposes and did not qualify for benefits.

5. Employee Awarded Compensation for Preexisting Drug Problem After Work-Related Shooting

An employee involved in a Nebraska robbery and shooting at work was awarded workers’ compensation for post-traumatic stress disorder related to the accident. In a surprising move, the Supreme Court of Nebraska also ruled that he was eligible for medical treatment benefits for a preexisting drug problem that allegedly worsened after the incident.

Each state has its own laws and statutes in regards to workers’ compensation, and often, the final verdict will be completely unexpected. In order to ensure that your Louisiana workers’ comp case is handled with experience and expertise, contact the Wanko Wokers’ Comp for a consultation today by calling (985) 893-6530.