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information is provided courtesy of the Ohio Workers'
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Psychiatric
Injury Caused by Injury to Co-Worker Compensable
Bailey
v.Republic
Engineered Steels, Inc., et al. (2/7/00), 91 Ohio St.3d 38:
An injured worker suffered a
psychiatric injury as a result of accidently running over a co-worker
with a tow motor.
The injured worker's claim
had been disallowed because there is an exclusion in R.C. 4123.01(C)
which provides
"Injury" does not include:
(1) Psychiatric conditions
except where the conditions have arisen from an injury or occupational
disease;
The Supreme Court found that
the injured worker was eligible to participate for the psychiatric
condition, holding in the syllabus:
A psychiatric condition of an employee
arising from a compensable injury or an occupational disease suffered
by a third party is compensable under R.C. 4123.01(C)(1).
Click on
the case name
to view the decision on
the Supreme
Court's web site.
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