Psychiatric Injury Caused by Injury to Co-Worker Compensable
Posted: February, 2001
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 accidentally running over a co-worker with a tow motor.
The injured worker’s claim had been disallowed because R.C. 4123.01(C) contains an exclusion 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 the injured worker 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).
Information courtesy of the Ohio Workers’ Compensation Bulletin. Subscribe to the Ohio Workers’ Compensation Bulletin to keep informed about the Ohio workers’ compensation system.