Bus drivers stress-related mental disability claim falls flat
Case name: Manhattan and Bronx surface transit operating authority, 121 NYWCLR 8 (N.Y. W.C.B., Panel 2021)
Ruling: A Board Panel held that the evidence did not support the establishment of a claim for post-traumatic stress disorder by the claimant, a bus driver, who alleged he was yelled at, threatened, and spit at by an irate passenger.
What it means: A bus drivers psychic injury due to a stressful event when he was yelled at, threatened, and spit at by an irate passenger is not compensable under the WCL where, as here, the claimant dealt with verbally abusive passengers in the past, he had the protection of a panic button and a glass partition, and the stress was not greater than a similarly situated bus driver.