A Pennsylvania appellate court upheld a Workers’ Compensation Appeal Board decision affirming a comp judge’s ruling granting benefits to a former Philadelphia special education teacher who was injured after being struck by a student in her abdomen while she was pregnant.
The Commonwealth Court Tuesday ruled the comp judge and board correctly applied a physical/mental injury standard to the teacher’s claim petition, and that the awarding of ongoing total disability benefits was proper, as was an order forcing the School District of Philadelphia to pay penalties over its failure to offer timely compensation.
The teacher, injured in May 2019, one month after starting her job, alleged she sustained an abdominal contusion and a psychological injury. Her employer accepted the physical injury claim but denied the mental injury.
The school district argued the comp judge ignored an independent medical evaluator’s testimony that the teacher didn’t meet the criteria for post-traumatic stress disorder, and the comp board agreed, sending the matter back to the judge. On remand, the judge found the teacher proved the physical injury caused the psychological one.
The employer later argued the woman didn’t sustain a physical injury requiring treatment, thereby negating her physical/mental claim.
The Commonwealth Court ruled the comp judge didn’t err in applying a physical/mental standard because the claimant sought immediate treatment for the physical injury.
The court also found the woman was entitled to ongoing total disability payments.