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Spouse of police forensic scientist who killed himself due workers comp: N.Y court

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ALBANY, N.Y.—The spouse of a police forensic scientist who committed suicide after an audit uncovered irregularities in tests he had performed is entitled to workers compensation benefits, a New York appellate court has ruled.

Thursday's decision in Donna Veeder vs. New York State Police Department et al. overturned rulings by a workers compensation judge and the New York State Workers' Compensation Board found that the widow of Garry Veeder was not entitled to benefits.

Mr. Veeder worked 31 years for state police when the lab where he was employed underwent a reaccreditation process and audit, court records state. The audit revealed test inconsistencies and Mr. Veeder then told his supervisors that he skipped certain steps in tests he performed regularly.

His employer launched an inquiry. Weeks later, in May 2008, Mr. Veeder committed suicide. His widow sought workers comp death benefits, alleging the suicide stemmed from Mr. Veeder's depression that was caused by his employer's improper investigation tactics.

A workers compensation judge and a review panel found, however, that the employer acted in good faith.

But the Appellate Division of the New York Supreme Court ruled Thursday that the term “injury” in the state's workers comp law does not include mental injury based on work-related stress resulting from disciplinary action, work evaluation or termination if they are done in good faith.

Investigation not disciplinary action

“The unrefuted psychiatric evidence contained in the record, as well as the suicide letters, make clear that decedent’s suicide was predominantly the product of the depression and stress he experienced from the employer’s inquiry into the inconsistencies in his fiber analysis tests,” the appellate court ruled. However, the court agreed with Ms. Veeder that the employer’s investigation did not amount to a “disciplinary action” and the claim therefore is compensable.

A 2009 report from New York’s inspector general reportedly found that Mr. Veeder falsified data in dozens of cases. Also, according to reports, a judge recently ruled that the rights of a woman convicted of killing her step great-grandmother were violated because of evidence of Mr. Veeder’s evidence contamination.