Divided State Court Ruling Sparks 'a Lot of Uncertainty' About Workers' Comp for Mental Injuries, Attorneys Say
"You can read it as saying that a workers' comp injury has to be a physical harm related to an unexpected incident at work or the cause of which was unseen. If that's the case, this decision breaks the grand bargain that was struck in 1912 between Arizona workers and Arizona industry. The court doesn't seem to appreciate how destabilizing that could be," said attorney Laura Clyme.
November 30, 2022 at 04:47 PM
8 minute read
Constitutional LawWhat You Need to Know
- Tucson detective filed an industrial claim that an on-duty incident exacerbated his preexisting post-traumatic stress disorder. However, the city's insurer denied the officer's claim, which was upheld by an administrative law judge and the Arizona Court of Appeals.
- In a 6-1 opinion, the majority of the Arizona Supreme Court held that limiting mental illness claims to those that arise from unexpected, unusual, and extraordinary stress situations do not violate Arizona workers' compensation law or the equal protection guarantee.
- In a dissenting opinion, Vice Chief Justice Ann Timmer concluded that Section 23-1043.01(B) violates Section 8 of the Arizona Constitution.
A 6-1 Arizona Supreme Court majority concluded that workers' compensation coverage for mental illnesses must arise from "unexpected, unusual or extraordinary stress" and that such limitations are not unconstitutional for those already employed in high stress jobs, like first responders.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Related Stories
View AllYou Might Like
View All3rd Circuit Judges Zero In on Constitutional Challenges to Medicare Drug Pricing Program
Marketing Co. Sues to Stop Pa.'s New Bar on Lawyers Soliciting Clients Through Text
4 minute readStanding to Sue? 3rd-Party Discrimination Dispute Lands Before Justices
7 minute readLaw Firms Mentioned
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 3Abbott, Mead Johnson Win Defense Verdict Over Preemie Infant Formula
- 4Greenberg Traurig Initiates String of Suits Following JPMorgan Chase's 'Infinite Money Glitch'
- 5It's Time Law Firms Were Upfront About Who Their Salaried Partners Are
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250