PTSD

News & Analysis as of

Is Mental Incapacity a Defense to Tax Penalties and FBAR Penalties?

The Tax Crimes Handbook of the Office of Chief Counsel, Criminal Tax Division of the Internal Revenue Service defines "Willfulness” as follows: "[a] Willfulness is defined as the "voluntary, intentional violation of a...more

When Tragedy Strikes: How Employers Can Assist Employees Affected by Mass Shootings and Disasters

In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando...more

A Missed PTSD Diagnosis can Lead to Tragedy

Post Traumatic Stress Disorder (PTSD) can negatively impact every aspect of an individual’s life. While many people are aware that PTSD can emerge following battlefield exposure, few are aware that car accidents, medical...more

Maine WC Board Rules on Apportionment in Context of Gradual Injury

In City of Portland v. Moses, WCB App. Div. 16-4 (February 22, 2016) the employee, a firefighter and EMT, alleged a gradual work injury from exposure to traumatic events in the course of employment. From 2002 until 2010 he...more

Jury Awards Erin Andrews $55 million in Invasion of Privacy Case . . . a First of its Kind

A Nashville, Tennessee Jury has awarded sportscaster Erin Andrews $55 million in her civil lawsuit related to the secret recording and distribution of a nude video filmed during her stay at a Marriot hotel. The jury found...more

Staying Safe While Saving Lives

When moments count, Americans count on Emergency Medical Technicians (EMT’s) and paramedics. Both of these jobs require balancing a skill with risk. Often called to the scenes of accidents, fights, and disasters, EMT’s and...more

Were You Injured in a Serious Car Accident? Don’t Rule Out Post Traumatic Stress Disorder

From pedestrians hit while crossing the street to catastrophic truck accidents, collisions with motor vehicles often leave innocent victims struggling with injuries. More often than not, these injuries require medical...more

Honoring Our Veterans: The Employers Guide To Military-Veteran Employees

Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces. On Veterans Day we self-reflect...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

How not to handle a Reservist with PTSD: Volvo Dismisses Army Reservist in violation of USERRA and the ADA

This week, Volvo said it would "take the blame if one of its self-driving cars crashes," but it's also taking the blame for dismissing an Army Reservist who deployed twice during the six years she worked for Volvo. This case...more

Defective seat belt air bag on airplane causes death of worker

Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more

Workplace bullying can lead to long-term employee illnesses

Bullying is not just a problem in schools. It is also a threat to employees in many American workplaces. According to a recent study by the U.S. Workplace Bullying Institute, bullies on the job can cause serious health...more

Traumatic stress disorder and workers’ compensation in Illinois

A number of common occupations involve exposure to violent, disturbing or traumatic events. A Chicago workers compensation attorney knows that such experiences can sometimes lead to post-traumatic stress disorder....more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Employer Fails to Provide Leave of Absence to Probationary Employee, Pays the Price

Adam was a maintenance technician for EZEFLOW, a company which manufactures pipe fittings.  He also was a marine corps veteran who served in both Iraq and Afghanistan. Upon his discharge from the marines, Adam started his...more

Post-traumatic stress disorder common in police officers

According to a recent study by the U.S. Department of Veterans Affairs, working as a full-time law enforcement officer in the American inner city can be as traumatic as combat service in the military. More than 600 police...more

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more

EEOC Sues EZEFLOW USA for Disability Discrimination

Pipe Fittings Manufacturer Fired a Veteran With PTSD Instead of Giving Him Brief Unpaid Medical Leave as a Reasonable Accommodation, Federal Agency Says - PITTSBURGH - EZEFLOW USA, a pipe fittings manufacturer,...more

The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation

Catastrophic accidents often lead to claims for severe emotional distress including allegations of post-traumatic stress disorder (‘‘PTSD’’). Similarly, allegations of acute neuropsychological disorders and fear of cancer can...more

Does Marijuana Cure Headaches?

The Arizona Department of Health Services (AZDHS) is considering adding Migraines, Post-Traumatic Stress Disorder (PTSD) and Depression to the list of debilitating conditions that qualify individuals for a Medical Marijuana...more

Revamping the DSM-5: What This Means for Defense Attorneys

The American Psychiatric Association’s recent changes to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) provide another arrow in the quiver for plaintiffs seeking recovery for psychological injury. These...more

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more

Veterans' Issues and How They May Impact Your Practice  [Video]

Whether you're focusing your practice on tax preparation; family law; personal injury; disability; criminal law or general litigation, you're likely to encounter a situation where your client is a veteran. Don't be alarmed,...more

Illinois Crime Victims Bill Of Rights

New laws require police officials in many capacities to receive additional education. First, The Illinois Police Training Act has been amended this year to include specific education for police trainees to recognize the signs...more

Trial Attorney Tax Summary for Taxation of Settlements and Damages – Part 6: Damages for Post Traumatic Stress Disorder (PTSD)

Overview - This article is designed to outline the tax treatment of post-traumatic stress disorder (PTSD) damages for plaintiffs. PTSD has become a household illness particularly among our soldiers returning from Iraq...more

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