Psychological injuries resulting can be eligible for workers’ compensation, much like physical injuries. But the worker must demonstrate that the stress they endured was more severe than what other workers in similar circumstances typically experience, according to the New York Supreme Court’s Appellate Division Credit: Andrii Zastrozhnov/Adobe Stock Psychological injuries resulting can be eligible for workers’ compensation, much like physical injuries. But the worker must demonstrate that the stress they endured was more severe than what other workers in similar circumstances typically experience, according to the New York Supreme Court’s Appellate Division Credit: Andrii Zastrozhnov/Adobe Stock

The New York Supreme Court’s Appellate Division denied an auditor’s workers’ comp claim, which was filed due to anxiety attacks brought on by communications with her supervisor. The anxiety resulted in elevated blood pressure, which increased the auditor’s stress and anxiety levels.

This case started in October 2020 with a text-based Skype conversation between the auditor and her supervisor, in which they discussed the claimant’s work. During the Skype chat, the auditor began to experience physical symptoms, including blurry vision and “excruciating” pain in her head, all of which she had not previously experienced prior to this incident “despite having active prescriptions for anxiety/depression and high blood pressure,” according to the appellate court.

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Steve Hallo

Steve Hallo is managing editor of PropertyCasualty360.com. He can be reached at [email protected].  

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