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Worker Seeks Disability Benefits For PTSD

December 12, 2017By Niko Pothitakis

A federal court ruled that an employee for Ceres Marine Terminals in Portsmouth, Virginia is entitled to receive Workers’ Compensation disability benefits for post-tramatic stress disorder after a tragic forklift accident.  Samuel Jackson was operating a forklift when he veered to avoid being hit by a truck and accidentally ran over his co-worker who was killed.

Jackson was diagnosed with PTSD and Ceres Marine paid him temporary total disability benefits for two years.  At this time the employer requested an independent medical examination of Jackson which found that he did not suffer from PTSD because he did not experience a threat to himself during the accident, nor was he ever in danger during the accident.  Ceres ceased disability payments to Jackson following this determination.

Jackson filed a claim under the Longshore and Harbor Workers’ Compensation Act for disability benefits and ultimately, a judge found that Jackson did suffer from PTSD related to the accident. Therefore, he was entitled to disabiltiy and medical benefits under this law.  Ceres Marine appealed, but the decision was upheld. The court ruled that Jackson “suffered a work-related psychological injury that was amply supported by substantial evidence,”