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June 24, 2021

Employee's workers' compensation claim for alleged work-related stress and post-traumatic stress disorder rejected

A police officer [Claimant] responded to a call that resulted in the arrest of three individuals. Several weeks later Claimant was interviewed concerning that incident as part of an Internal Affairs investigation. The following day Claimant was suspended from his position and informed that he would receive a written notification of charges.

Claimant thereafter sought mental health treatment stemming from the incident and his resulting suspension. Ultimately Claimant filed a workers' compensation claim alleging his stress, anxiety and post-traumatic stress disorder was caused by an allegedly unlawful disciplinary action.

A Workers' Compensation Law Judge determined that the claim was not compensable as Claimant's psychological injury was "a direct consequence of a lawful personnel decision involving a disciplinary action."*

Claimant then submitted an administrative appeal in which he contended "the disciplinary action was unlawful." The Workers' Compensation Board [Board] affirmed the decision of the Workers' Compensation Law Judge.

Claimant next initiated a judicial appeal in which he contended that the Board's decision was not supported by substantial evidence because his suspension did not constitute a disciplinary action, or another personnel action, within the meaning of §2(7) of the Workers' Compensation Law.

The Appellate Division sustained the Board's determination, noting that the record indicated that the Claimant argued, both at the administrative hearing and at the subsequent administrative review that followed, that his suspension was a disciplinary action.

The court explained that to the extent that Claimant "now advances a contrary argument for the first time on appeal," that claim "is unpreserved for [its] review."

* See https://publicpersonnellaw.blogspot.com/2011/09/depression-resulting-from-being-served.html

Click HERE to access the Appellate Division's ruling.

 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com