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 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).