Posted: February, 2001
Psychiatric Injury Caused by Injury to Co-Worker Compensable
Bailey v. Republic Engineered Steels, Inc. (2/7/01), 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:The Supreme Court found that the injured worker was eligible to participate for the psychiatric condition, holding in the syllabus:
(1) Psychiatric conditions except where the conditions have arisen from an injury or occupational disease;
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).
This information was provided courtesy
of the Ohio
Workers'
Compensation Bulletin. Click on the case name to
view this decision on
the Supreme Court's web site.
