Virginia Employee Denied: A health insurance company employee’s claim for workers’ compensation benefits for psychological injuries has been denied. The Virginia Workers’ Compensation Commission (VWCC) recently upheld a deputy commissioner’s decision. They ruled that the employee’s experience did not qualify as a compensable workplace injury under state law.
Incident and Psychological Impact
The claimant testified that on September 5, 2023, she became trapped in an elevator after it malfunctioned. She reported that the elevator’s panic button and emergency phone did not work, and her initial attempts to contact her supervisor and 911 also failed. After 30 minutes, emergency responders helped her exit the elevator.
Although she sustained no physical injuries, the employee later reported psychological symptoms. These included insomnia, headaches, and feelings of entrapment. She sought medical treatment and began counseling sessions with a licensed clinical social worker.
Legal Standards and Denial of Benefits
Under Virginia law, psychological injuries are compensable only if they result from a physical injury or a sudden, shocking event at work. Examples include post-traumatic stress disorder caused by a traumatic incident.
In this case, the deputy commissioner ruled that the employee’s experience did not meet these criteria. The evidence did not link her psychological symptoms to a compensable “sudden shock or fright,” nor did she suffer a related physical injury. The commission noted that her medical records and the social worker’s report did not specifically reference the elevator incident as the cause of her symptoms.
“The evidence does not constitute a sudden shock or fright as contemplated by Virginia law,” the deputy commissioner wrote. He concluded that her psychological injuries stemmed from the inconvenience and stress of being trapped, which does not qualify as compensable under state standards.
Virginia Employee Denied: Appeal Rejected
The employee appealed the decision, attempting to introduce new evidence. However, the full VWCC upheld the deputy’s ruling. They stated that the claimant had failed to identify any errors in the findings or conclusions of law. The commission also determined that the additional evidence could have been submitted during the original hearing.
Conclusion
This case highlights the stringent requirements for compensable psychological injuries under Virginia workers’ compensation law. For more workplace and legal insights, visit JacobiJournal.com.