Workers Comp: RICHARD E. JACOBS GROUP, INC. V. WHITE (SC 6/15/2006)

RICHARD E. JACOBS GROUP, INC. V. WHITE
WORKERS COMP:  Physical injury producing mental impairment
2005-SC-000695-WC.pdf
2005-SC-000696-WC.pdf
PUBLISHED
AFFIRMING
DATE:  6/15/2006

The 1996 changes in the definition of the term "injury" under the workers’ compensation act excluded a mental impairment if it was not caused as the direct result of a physical injury. In this case, the claimant was a police officer who shot a suspect while performing duties as a security guard at Fayette Mall. In trying to administer first aid he came into contact with the suspect’s blood and other bodily fluids. He suffered from post-traumatic stress disorder, but the ALJ found that the condition was not the result of a physical injury, and dismissed the claim. The Court of Appeals reversed, sending the case back to the ALJ to determine if physical contact with bodily fluids was an "injury" The Supreme Court affirmed, but on different grounds, sending the case back to the ALJ to determine if the physical exertion of performing CPR was an injury producing the mental impairment within the meaning of KRS 342.0011. Peter Naake, ed.

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