A treasurer robbed of a weapon is not entitled to workers' compensation for her mental injuries, the West Virginia Supreme Court held on Friday.
In Black v. Same Old Place Inc ., The West Virginia Supreme Court upheld in a 4-2 decision a review board ruling that because the treasurer had no accompanying physical injury, her post-traumatic stress disorder was not compensable under state code. Inc., a playable bar in Huntington, West Virginia. On May 5, 2018, a man buzzed the door to the salon for admission, and after entering, he held up Ms. Black under firearms, took more than $ 600 from the cash register and stole her car keys and vehicle outside.
Three days later, Ms Black sought treatment for difficulty sleeping, eating and leaving her house in a dressing room. she signed paperwork identifying it as an occupational injury. She was diagnosed with PTSD, prescribed medication and referred to a psychiatrist. The referral was submitted for approval by the salon's insurer for employee compensation.
Spelbarn's claim administrator rejected the claim on the grounds that Black did not report a physical injury, that her decision to lash out at the man was against the policy and that she failed to activate the panic alarm after the robbery.
However, the West Virginia Workers' Compensation Office of Judges reversed the administrator's order, claiming that Black & # 39 ;s claim of PTSD was replaceable and classified it as "extreme" and therefore outside the Claims Code, which states that no harm can be acknowledged as compensable if it did not lead to any physical injury to the employee claiming benefits. The West Virginia Board of Review reversed the decision and reinstated the administrator's refusal of the claim.
The Supreme Court of West Virginia upheld the claim of dismissal. Although Black argued that her condition had many demonstrable physical symptoms, the court held that these did not determine the physical components necessary for a mental claim.
The dissenting judges did not write an opinion. Catalog