Commonwealth Court Holds Firm on Employees Demonstrating Abnormal Working Conditions in Psychological Injury Claims
The Commonwealth Court in Babich v. WCAB (CPA Department of Corrections), handed down another in a long line of decisions making it difficult for workers to collect workers' compensation benefits based on an alleged psychological injury resulting from non-physical stimuli in the work environment. The courts have consistently held that an employee must demonstrate that the psychological injury occurred due to an "abnormal working condition." In this case, the employee was a registered nurse in a state prison. During his employment, the claimant was subject to having feces and urine thrown on him, having threats made against him and his familly, and had to attend to several traumatic emergency situations including, but not limited to, one instance where an inmate mutilated his own genitals, and the employee had to retrieve a stray testicle from the cell floor. Based on testimony from several simlarly-employed individuals, the judge agreed with the employer's argument that the claimant's workplace experiences were not abnormal for someone in his specific line of work and place of employment. The claim for psychological benefits was denied.
