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Thomas v. Workers' Compensation Appeal Board

Denial of workers' compensation claim affirmed; although claimant met her burden of proving existence of her psychic injury, she failed to prove by objective evidence that psychic injury was other than a subjective reaction to normal working conditions.

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Submitted: November 16, 2001

Patricia Thomas petitions for review of the Workers’ Compensation Appeal Board order affirming a workers’ compensation judge’s denial of her claim petition on the grounds that she failed to meet her burden of proving abnormal working conditions or that her physical injuries prevented her from working.

In July 1996, Thomas filed a claim petition alleging that as of January 9, 1996 she became disabled by physical injuries to her right thumb and right shoulder caused by repetitive movements of her hand in the performance of her clerical duties. At the initial hearing before the judge, counsel for Thomas essentially amended the claim *fn1 to assert that Thomas “was subjected to a hostile work environment with so much stress and anxiety that it caused these physical problems which required her to be off work.” (4-24-97 Notes of Testimony, p. 14.) Thomas worked for Derry Township as a clerical employee and prior to January 2, 1996, had also held the appointed position as Secretary Treasurer for the Township. Thomas reported to the three-member Board of Supervisors.

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