Sibley, Lindsay & Curr Co., 369 NYS2d 637 (1975) holding that psychological or nervous injury precipitated by psychic trauma is compensable
to the same extent as physical injury.
'The guidelines shall be applicable for compensable
contingencies occurring on or after March 5, 2019,' the circular added.
Under the doctrine of compensable
consequences, where an injury is shown to have arisen out of and in the course of employment, every natural consequence that flows from the injury likewise arises out of the employment, unless it is the result of an independent intervening cause.
A disabling compensable
injury may also be considered a "serious health condition" under OFLA and FMLA or may be considered a "disability" under the ADA.
Besides, under the Social Justice provision of the Constitution and the liberal interpretation of the Workmen' Compensation Act, the rule to be followed is that where the injuries precipitate the mental derangement, which in turn causes the suicide, the death is compensable
While all travel time that is work-related must be counted as hours worked, travel time between home and work generally is not compensable
Therefore, the resulting incapacity is compensable
under the Act.
Conversely, the WHD does not consider work time to encompass "time spent in travel away from home outside of regular working hours." Accordingly, the central issue in this fact pattern is whether travel time is compensable
when an employee does not have regular working hours.
Circuit Court of Appeals case law holding that short rest breaks of up to 20 minutes "primarily benefit the employer." Thus, according to the WHD, "rest breaks up to 20 minutes in length are ordinarily compensable
In such a rare scenario, the company has two options: the employer may choose the average start and end times for the employee's work days to determine what time would be compensable
or the employer may negotiate with the employee to agree to a reasonable amount of time for compensation.
(5) To determine whether this time is compensable
or not, courts must decide if booting up and shutting down are "integral and indispensable" to the principal activity of the employees' employment.
The threshold for something to be a compensable
workers' compensation claim varies from 1% (aggravating condition) to more than 50% (major cause), workers' compensation benefits should be reserved for injuries and diseases caused by the workplace environment, not a simple aggravation.