Weber Gallagher Simpson Stapleton Fires & Newby LLP

November 02, 2010 : Zachary M. Rubinich and Melissa M. Smith Gain Favorable Workers' Compensation Decision

Partner Zachary M. Rubinich and Associate Melissa M. Smith successfully defend a Claim Petition alleging a work-related psychiatric injury before a Philadelphia Workers' Compensation Judge. A claimant filed a Claim Petition alleging that he suffered work-related depression and anxiety from a stressful work environment, hostile supervisor actions and unreasonable changes to his work schedule and duties. Employer denied all material allegations and presented evidence in defense of this Claim Petition. Based upon the evidence, the WCJ denied the Claim Petition in its entirety concluding that claimant failed to meet his burden of proof under the Pennsylvania Workers' Compensation Act since the events were not "abnormal working conditions" as defined by relevant case law authority. The Judge held that Claimant failed to show that there was a clear pattern of harassment and abuse over an extended period of time when analyzing the content, intensity, duration and frequency of the alleged offensive behavior. Additionally, the Judge commented that claimant failed to provide any corroborative evidence of an abnormal working condition. The WCJ accurately explained that a change of job duties including added responsibilities does not result in abnormal working conditions. Moreover, the Judge noted that an employee's perception of isolated events of rude or insensitive behavior do not rise to the level of an abnormal working condition to support an award of compensation benefits under the case law.