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Workers’ comp denied, court says robberies to be expected

Businesses throughout the state of Pennsylvania are required to carry workers' compensation insurance policies to cover the costs that may incur should an employee be injured while working. These policies enable employees who have been injured while at work to file a workers' compensation claim to request benefits. As an employee at a liquor store learned firsthand, however, that there are limits on what the benefits will cover.

In 2008 the man in this case was working at a liquor store when it was robbed. In the course of the robbery a gun was used. It was the first time that the man had been robbed despite the fact that he had been working for the Pennsylvania Liquor Control Board for more than 30 years. After the incident the man was diagnosed with post-traumatic stress disorder and he applied for workers' compensation benefits.

In Pennsylvania, workers' compensation claims for mental injuries must arise out of something other than a normal working condition.

Thought the benefits were initially granted, earlier this fall a Pennsylvania State Commonwealth Court reneged them, determining a workers' compensation judge as well as the Workers' Compensation Appeal Board were incorrect in awarding them. The basis of the change is twofold. First, the employee had been trained on how to handle a robbery. In conjunction with this, because several other robberies of liquor stores had occurred in the area it was determined that such an event is a working condition that can be anticipated at this particular job.

Source: The Legal Intelligencer, "Expectations of robberies leads to workers' comp denials," Ben Present, Oct. 10, 2011

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