In re N.Y.S. Dept of Corrections, 020320 NYWC, G1835901

Case DateFebruary 03, 2020
CourtNew York
Matter of N.Y.S. Dept of Corrections, Employer
No. G1835901
New York Workers Compensation
February 3, 2020
          Date of Accident: 09/28/2018          Issue: Workers’ Compensation Law § 2(7) – stress          District Office: Albany          Carrier: State Insurance Fund, Carrier ID No.: W204002, Carrier Case No.: 71671689-092           Claimant's Attorney: Kirk & Teff LLP           Panel: Clarissa M. Rodriguez          MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION          The Full Board, at its meeting on January 14, 2020, considered the above captioned case for Mandatory Full Board Review of the Board Panel Memorandum of Decision filed August 12, 2019.          ISSUE          The issue presented for Mandatory Full Board Review is whether mental injuries sustained by claimant as the result of work-related stress are compensable.          The Workers' Compensation Law Judge (WCLJ) established the claim for post-traumatic stress disorder (PTSD) and depression.          The Board Panel majority affirmed the WCLJ.          The dissenting Board Panel member would disallow the claim.          The carrier filed an application for Mandatory Full Board Review on September 9, 2019, arguing that the claim should be disallowed because claimant did not sustain a physical injury and because the stress claimant experienced was no more than that experienced by other corrections officers in juvenile corrections facilities.          The claimant filed a timely rebuttal on October 1, 2019, arguing that the medical evidence of causal relationship was not contradicted, that he experienced stress that was greater than that experienced by similarly situated workers, and that the claim should be established.          Upon review, the Full Board votes to adopt the following findings and conclusions.          FACTS          Claimant, a corrections officer, filed a C-3 (Employee Claim) on October 11, 2018, alleging that on September 28, 2018, an inmate threw an "unknown substance" on him. In a report based on an October 15, 2018, examination, Rebeka Lange, a Physician's Assistant supervised by Dr. McKracken, stated that claimant reported "having increasing anxiety since he had a incident occur at work. Pt states he was at work on September 28, 2018 and an inmate threw some sort of bodily fluids at his face. Pt state he had it in his mouth, eyes and ears." Claimant indicated that he had not been back to work since the incident. PA Lange and Dr. McKracken diagnosed causally related anxiety...

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