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July 23, 2014

Alleged affair leads to failed murder-for hire: Workers’ comp for PTSD?

This case provides a reminder that if something at work worsens an employee’s pre-existing condition, the employer may be on the hook to provide workers’ comp benefits. This includes all sorts of injuries, including mental ones.

Arthur Mosley, an employee of a Hannaford Brothers Co. supermarket in New York, suffered from post-traumatic stress disorder (PTSD).

While working as an assistant store manager for Hannaford, Mosley called a co-worker at her home to discuss a work-related matter.

This made the co-worker’s husband think his wife and Mosley were having an affair. He threatened and harassed Mosley, culminating in an unsuccessful murder-for-hire plot against him.

The husband also contacted Hannaford about the alleged affair, which triggered an internal investigation by the company.

Mosley asked for a transfer to another store. Eventually his pre-existing PTSD worsened to the point he was no longer able to work. He filed for workers’ comp benefits. Hannaford opposed the claim on the basis the injury wasn’t causally related to Mosley’s employment.

A workers’ comp judge determined the injury was work-related. That decision was upheld on appeal by the full Workers’ Compensation Board.

Hannaford took the case to a New York appeals court.

Read Full Article At Safetynewsalert.com

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