The claimant, a security guard, alleged a work injury arising out of a restraint of a patient in a hospital. The claimant sustained very minor physical injuries to his elbow, which resolved very quickly without lost time and minimal medical attention. As a result, the injury was properly treated as a medical only claim and no filings with the State occurred.
Over two years later, the claimant alleged a PTSD claim arising out of this incident, because he was involved in murder charges and civil wrongful death litigation arising out of the death of that patient.
The ALJ found that the claimant failed to prove that his mental health issues were related to his physical injuries (to the elbow), the altercation with the patient, or even the patient’s death. Rather, they were “tangentially” related in the sense that those events lead to criminal charges and a civil lawsuit which in turn caused anxiety and stress. The only causation opinion presented at hearing was that of Respondents’ expert, who opined the claimant did not have PTSD and he opined that the mental issues were not caused by a psychologically traumatic event. Without a medical opinion to the contrary, the ALJ found in Respondents’ favor.
Vialpando v. St. Mary Corwin Hospital, W.C. No. 5-254-576-001 (June 25, 2024).
Want to know more? Contact Jessica Grimes at [email protected] or 877-259-5623.
