News & Analysis as of

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

Occupational Post-Traumatic Stress Disorder of Police Officers

Recently, I wrote a blog post about PTSD in which I discussed the Nevada Supreme Court's decision in the McGrath case, involving a police officer whose stress claim was denied because she claimed that a series of events over...more

Post-Traumatic Stress Disorder- Nevada Comp Law

There are two ways a Nevada worker might receive treatment for a post-traumatic stress disorder under a Nevada workers' compensation claim...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

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...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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