Are Mental Injuries from Robbery or Joke Compensable



No Compensation For Mental Injury Caused by Student's Practical Joke.  In Delrie v. Peabody Magnet High School, 2010 La. App. LEXIS 837, a Louisiana appellate court affirmed a decision by the state's Office of Workers' Compensation which found in favor of the employer and dismissed the claim of a high school teacher who claimed to have sustained a compensable mental injury when a student, as a practical joke, entered her room, claiming that people were shooting inside the school. [See Ch. 56, § 56.04[2] n22.1]


Bank Employee Awarded Benefits for Mental Injury Following Robbery.  An Ohio bank employee, who was present at the time of an armed robbery, who did not sustain any physical injury as a result of the incident, but who claimed psychological injuries resulting from witnessing a police officer being shot to death, may recover workers' compensation benefits in spite of the restrictive rule in Ohio regarding mental injuries, indicated an Ohio appellate court.  [See Rader v. Fifth Third Bancorp, 2010 Ohio 1327, 2010 Ohio App. LEXIS 1110; Ch. 56, § 56.04[1] n19


Copyright 2011 LexisNexis. All rights reserved. This material is excerpted from Larson's Workers Compensation Law. Reprinted with permission.
Workers Comp Resource Center Newsletter

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact

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