Doctor’s Assessment of PTSD from Gas Station Assault Carries Cashier’s Case

Case File

After he was pistol-whipped at work, a gas station cashier experienced PTSD for which he underwent treatment to help him "resume normal daily functioning," and his treating doctor's evidence showed he was totally disabled. Simply Research subscribers have access to the full text of the case.

Case

Duke Street Liberty, Inc. v. Gudeta, No. 1295-24-1 (Va. Ct. App. 09/30/25, unpublished)

What Happened?

A gas station cashier suffered injuries to his face, teeth, jaw, and lips and experienced post-traumatic stress disorder when he was assaulted during a robbery.

The cashier underwent surgery, after which he experienced "a lot of headaches, pain, anxiety, and worry" as well as nightmares where his assailant would "show up."

The cashier sought medical and disability benefits, and a deputy commissioner awarded him temporary total disability benefits for his face, teeth, jaw, and lip injuries as well as his PTSD.

On review, the commission affirmed, prompting the employer to appeal to court, challenging the cashier's doctor's conclusion that the cashier could not return to work.

Rule of Law

Under White v. Redman Corp., 41 Va. App. 287 (Va. Ct. App. 2003), a partially incapacitated employee is not entitled to temporary total disability benefits unless he has made a reasonable effort to market his remaining capacity for work. However, per A.G. Van Metre, Jr., Inc. v. Gandy, 7 Va. App. 207 (Va. Ct. App. 1988), there is no such requirement for an award of temporary total disability if the employee is totally disabled.

What the Court Said

The court found that the commission's award was supported by evidence found in the record, including:

(1) Dental injuries.

(2) Pain.

(3) Headaches.

(4) Mental health symptoms that included anxiety, worry, difficulty sleeping, and nightmares.

Based on the doctor's treatment of the cashier, the commission was entitled to accord the doctor's opinion "significant weight."

"Given the severity of [the cashier's] PTSD symptoms, the record supports a finding of total disability

Verdict: The court affirmed the commission's upholding the deputy commissioner's decision.

Takeaway

When the record contains evidence supporting the commission's decision in favor of total disability, it does not matter that certain other evidence may suggest that a worker was only partially disabled or that his injuries did not prevent him from working.

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