A North Dakota bank employee is seeking workers comp more than a year after a robbery left her handcuffed and held at gunpoint. According to the Jamestown Sun, the bank teller wants the workers comp from the state related to her diagnosis of post-traumatic stress disorder.
Workforce Safety & Insurance (WSI) turned down the 56-year-old woman’s claim in a letter two months ago, stating state law permits benefits only for physical injuries incurred at work. The claimant’s attorney claims the state changed the reason for denial a week prior to a May appeals hearing and is simply attempting to avoid paying the claim totaling less than $1,000 in medical costs.
The newspaper reports the attorney is accusing WSI of changing “the rules in the middle of the game” to include pre-existing conditions as a portion of the agency’s denial and seeking two decades worth of Johnson’s medical records.
State law prevents WSI officials from discussing specific cases, but speaking generally director Bryan Klipfel claims reasons for turning down such requests as this one are clearly defined by North Dakota statutes. WCxKit
“There is no provision in North Dakota law that would provide benefits to a worker (who) does not have a physical injury that occurred at work,” Klipfel commented to the newspaper.
The woman’s claim stems from last year’s robbery of more than $50,000 from Gilby’s Bremer Bank.
After the robbery, Johnson’s physician diagnosed her with PTSD, and she eventually had to leave her teller job, according to her attorney. WCxKit
A district judge in Grand Forks will make a decision in the next month on the charges that WSI changed the reason for denial prior to going to an appeal.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
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