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Work-related stress experienced by employees working at a correction facility ?normal?

Work-related stress experienced by employees working at a correction facility ?normal?
Matter of D'Errico v New York City Dept. of Corrections, 2009 NY Slip Op 06262, decided on August 20, 2009, Appellate Division, Third Department

John D'Errico contended that he suffered with severe major depressive disorder with psychotic features, post-traumatic stress disorder and panic disorder with agoraphobia that he claimed resulted from his exposure to violent incidents in the course of his employment by the Department.

D?Errico filed for workers? compensation benefits. The Workers' Compensation Board, however, ruled that D?Errico had not sustain an injury in the course of his employment and denied his claim for workers' compensation benefits.

The Board?s rationale: D?Errico had not exposed to a greater amount of work-related stress than that normally experienced by similarly situated employees at correctional facilities.

Finding that D?Errico did not seek to present newly discovered evidence or allege a material change in conditions to the Board following its ruling, the Appellate Division said that ?the Board's decision not to revisit an issue that it had fully considered and resolved cannot be deemed arbitrary and capricious.?

Further said the court, D?Errico conceded that all of the evidence needed for resolution of his claim was placed on the record, and asserts that the sole matter to be ruled upon by this Court is the "correctness" of the underlying determination. However, the Appellate Division said that ?the merits of the underlying determination [by the Board] are not properly before us given claimant's failure to timely perfect his appeal from that determination.?

Finding ?no abuse of discretion in the Board's decision denying full Board review,? the Appellate Division, in a 3 to 2 decision, affirmed the Board?s ruling.

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06262.htm

Full post as published by New York Public Personnel Law on August 25, 2009 (boomark / email).