New York Workers’ Compensation Update: 3rd Dept. Decision on PTSD Claim

Last week, there was only one decision from the 3^rd Dept. on Workers Compensation in New York.

Waddy v. MBSTA:  Here the Appellate Division affirmed a disallowance by the Board on a PTSD claim. The claimant was a bus driver who was rattled by a passenger who repeatedly banged on the bus door to let him in, and then jumped on the front bumper of the bus. The Board found that the interactions between bus drivers and unruly passengers are not outside of the normal work environment for a similarly situated bus driver. There was one dissent, by Justice Lynch who disagreed that a person jumping onto the front bumper was “normal.” This case predates the new workplace stress law.

Read the decision here.