Name
Eileen McLaughlin v. Community Living Association
Insurance Company
Memic
Date Decided
June 6, 2024
Panel Members
David Hirtle
Katherine Gatti Rooks
Christine Smith
Categories
Medical Evidence Compensability Pre-Existing Injury Compensability Medical Evidence Pre-Existing InjuryTags
File Size
168 KB
DownloadSummary from the Troubh Heisler Attorneys
Eileen McLaughlin v. Community Living Assoc.- Where there was competent evidence to support the ALJ’s conclusion that the psychological sequela of the employee’s physical injury had ended, the ALJ did not err in finding the employee failed to meet her burden of proof. In McLaughlin v. Community Living Assoc., Dec. No. 24-09, McLaughlin suffered a physical injury in March 2011 which aggravated her preexisting PTSD. In a 2017 decree the ALJ awarded protection of the Act but found that the effects of the physical injury had ended.
In the present litigation, McLaughlin claimed that she was totally incapacitated by the contiuned aggravation of her preexisting PTSD as a sequela of the physical injury. She had PTSD since 2004. Based in part on the reports of Dr. Gallon, the ALJ concluded the psychological sequela from the injury ended in September 2011. McLaughlin argued that the ALJ was compelled to find she continued to suffer from the psychological sequela based on her testimony and other part of the medical evidence the ALJ ignored. The Appellate Division rejected that argument holding that continued causation was a question of fact for the ALJ, and because there was competent evidence in the record the ALJ was not compelled to conclude otherwise.