Stewart Jaffy &: Assoc. Co., LPA, Attorneys at Law
A Legal Professional Association
306 E. Gay Street, Columbus, OH  43315  
Tel: 614/228-6148

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Posted: February, 2001 Please read our legal notice.
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The following information is provided courtesy of the Ohio Workers' Compensation Bulletin. For information about the Bulletin click here.

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.

 


Stewart Jaffy & Associates Co., LPA | Attorneys at Law
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140
http://www.jaffylaw.com

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