Armstrong v. John R. Jurgenson Co.
2011 Ohio 6708
Ohio Ct. App.2011Background
- Armstrong appeals a trial-court judgment denying workers’ compensation for PTSD; the accident occurred Aug. 27, 2009 during scope of employment; Armstrong sustained physical injuries and later developed PTSD; PTSD diagnosed Sept. 2009 and claim amended to include PTSD, which the Industrial Commission allowed; the trial court held PTSD not compensable under R.C. 4123.01(C)(1) because it did not arise from Armstrong’s physical injuries; trial court’s decision was affirmed on appeal; dissent would have reversed.
- Armstrong was driving a dump truck when struck from behind by a van, causing bodily injuries and hospital treatment.
- Armstrong developed nightmares, panic, and mood disturbances after the collision, which led to a PTSD diagnosis.
- Dr. Stoeckel diagnosed PTSD as arising from the August 2009 accident and concurrent physical injuries, while Dr. Howard opined the PTSD arose from witnessing the traumatic event rather than the physical injuries.
- The court concluded the PTSD must arise from a physical injury sustained by the claimant, construing R.C. 4123.01(C)(1) with the 2006 amendment, and affirmed the trial court’s denial of benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 4123.01(C)(1) requires PTSD to arise from the claimant’s own physical injury | Armstrong: contemporaneous PTSD suffices if it arises from the compensable injury | Jurgenson: PTSD must arise from the claimant’s own physical injury sustained | PTSD must arise from a physical injury sustained by the claimant |
| Whether contemporaneity with a compensable injury makes PTSD compensable | Armstrong: contemporaneous PTSD should be compensable | Jurgenson: contemporaneous alone is insufficient without arising from the injury | Contemporaneous occurrence is not enough without arising from the injury |
| Whether the trial court’s weighing of expert testimony was correct | Armstrong’s PTSD linked to physical injuries per Stoeckel | Howard: PTSD from witnessing incident, not from physical injuries | Trial court’s weight of the evidence supported denial of compensation |
Key Cases Cited
- Bailey v. Republic Engineered Steels, Inc., 91 Ohio St.3d 38 (Ohio 2001) (limits compensable psychiatric conditions to those arising from an injury or occupational disease)
- McCrone v. Bank One Corp., 107 Ohio St.3d 272 (Ohio 2005) (psychiatric conditions require accompanying physical injury for compensability)
- Bunger v. Lawson Milk Co., 82 Ohio St.3d 463 (Ohio 1998) (psychiatric injuries without accompanying physical injury are excluded from coverage)
- State ex rel. Clark v. Industrial Commission, 92 Ohio St.3d 455 (Ohio 2001) (contemporaneous psychiatric injury without physical injury has no remedy)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.3d 279 (Ohio 1989) (liberal construction of workers’ compensation statutes in favor of employees)