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PTSD claim not compensable: Court

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PTSD claim not compensable: Court

The Supreme Court of North Dakota on Thursday denied compensability of a workers compensation claim filed by a man more than three years after he was locked in a room for hours, which he claimed caused a concussion and mental injuries.

In May 2016, Nicholas Lechner filed a claim with North Dakota Workforce Safety and Insurance for comp benefits stemming from an incident at work in December 2013. He claimed he was injured after he was locked in a small room without a functioning heater, that it was 30 degrees below zero outside, and that he "screamed and banged for help for hours" before someone let him out of the room, according to court documents in Nicholas Lechner v. North Dakota Workforce Safety and Insurance and MI Drilling Fluids, filed in Bismarck.

As a result, Mr. Lechner alleged he "had a panic attack and was traumatized with severe anxiety, sleep disorders, and left unable to function normally” and that he had suffered a concussion from banging his head on a wall, according to court documents.

In June 2016, WSI sent Mr. Lechner notice it was denying his claim for benefits because he did not file a claim within one year after the date of the injury, per state law in North Dakota, records state.

He later requested reconsideration. In August 2016, WSI denied Mr. Lechner's claim again, finding “he did not allege a physical injury and there were no medical records indicating that he suffered any physical injuries” following the 2013 incident.  

WSI found evidence indicating Mr. Lechner “suffered a mental injury arising out of a mental stimulus, he sought counseling because of anxiety related to work,” and that he should have “reasonably known that the condition was work-related at that time.” WSI concluded Mr. Lechner “suffered a mental injury arising from a mental stimulus which was not a compensable injury and his claim was not timely.”

An administrative law judge in 2017 agreed, as did a five-judge panel with the Supreme Court of North Dakota, writing in its ruling that “a reasoning mind reasonably could conclude the (administrative law judge’s) finding that Lechner knew or should have known in December 2013 that he suffered a work-related injury was proven by the weight of the evidence.”

“We conclude the ALJ's finding that Lechner failed to timely file a claim is supported by a preponderance of the evidence. Because Lechner failed to file his claim in a timely manner, we do not consider whether the ALJ erred in finding Lechner failed to prove he suffered a compensable injury,” Thursday’s ruling states.

 

 

 

 

 

 

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