Listen to

“Abnormal Working Condition” Addressed In Workers Compensation Decision

The Pennsylvania Commonwealth Court has addressed the issue of what constitutes an “abnormal working condition” for the purposes of establishing a work related mental injury. In McLaurin v. W.C.A.B. (SEPTA), the claimant was a SEPTA bus driver with a set route in West Philadelphia. One day, several hooded young men entered his bus without paying their fares. At the end of the bus route, one of these men approached McLaurin and pulled a gun. McLaurin pleaded with the gunman, who eventually put away his weapon and got off the bus. McLaurin then drove to the bus depot and told his supervisor what had happened. He was unable to work the next day nor any other days after that. He then filed a claim petition seeking workers compensation benefits alleging that he suffered work-related post-traumatic stress disorder, anxiety, and angina as a result of the bus incident. The Commonwealth Court has held that Mr. McLaurin did not experience an “abnormal working condition” which he would need to establish to meet his burden of proof in establishing a psychiatric injury. The Court noted that the record contained substantial evidence which showed that life-threatening situations had occurred to its employees “with sufficient frequency that methods of dealing with dangerous passengers were built into employees’ training, and that the bus driver could have thus anticipated his assault”.

About the Author

Tom Cummings

Tom Cummings

E-mail: Tom Cummings

Thomas P. Cummings has been a Partner with Dougherty, Leventhal & Price, LLP since 1996 has been with the firm since 1991. He focuses his practice on workers’ compensation and Social Security Disability cases.

contact pa personal injury lawyer Contact

* Indicates a required field.

What happened? *:


 Personal Injury Vehicle Accident

 Personal Injury (All other injuries)

 Medical Malpractice (Doctor negligence or medical error)

 Workers Compensation (Hurt on Job)

 Other

State where occurred *:

City where occurred * :

So we can help you, please answer carefully:

Does the issue involve an auto injury? * :

 Yes

 No
Approximate date of injury *:

Full Name *

Your Email *

Your Phone *

List Injuries, surgeries, hospitalizations and briefly describe the incident that caused them *:
Get a free DLP T-Shirt!
free tshirt pa personal injury lawyer DLP