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).
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