Durbin v. Workers’ Comp. Appeal Bd. — Nov. 2016 (Summary)

HIPAA

Durbin v. Workers’ Comp. Appeal Bd.
No. 289 C.D. 2016 (Pa. Commw. Ct. Nov. 21, 2016)

The Commonwealth Court of Pennsylvania affirmed a workers’ compensation judge’s order granting a hospital employee’s claim for workers’ compensation benefits.

A hospital employee left work and was unable to return due to alleged psychological trauma caused by her coworkers’ use of the medical records database, in violation of HIPAA, to discover information about the employee’s husband’s medical condition.  After leaving work, the employee filed a claim for workers’ compensation benefits.  The employer failed to file a timely answer, leading the workers’ compensation judge to deem that the employer had admitted the employee’s claims.  The employer then appealed, questioning whether the employee’s disability was an ongoing issue that required a continuing grant of workers’ compensation benefits.

The employee offered testimony from her psychiatrist who stated that the employee was afraid to return to work, suffered from nightmares, and was diagnosed with post-traumatic stress disorder that resulted from “a major devastating emotional reaction and severe adjustment disorder with anxiety and depression.” The employee also sought therapy after discussing her concerns about her coworkers’ knowledge of her husband’s condition.  During her therapy sessions, she complained of panic attacks, difficulty sleeping, and crying.  The employer’s medical expert testified to the contrary, believing the employee showed no negative psychological signs, and even went on a vacation.  The employer’s medical expert determined that if the employee suffered a psychological disability, she has since recovered.

The workers’ compensation judge found the employer’s medical expert testimony more persuasive and issued an order granting the employee workers’ compensation benefits from her time of injury to her time of recovery, resulting in a termination of the employee’s continued workers’ compensation benefits.