Normally, unemployment benefits are taxable; however, under the Recovery Act (Stimulus Bill), every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their federal tax return. For more information, google - site:irs.gov “unemployment compensation”.
You never know what strange events you are going to deal with when you represent injured workers.
Officer Frank Chiafari of the Hartford Police force shot and killed an enraged 200 lb chimp that had already removed the face and hands from its human female victim. The gore that Officer Chiafari witnessed is unimaginable. The fact that he filed a claim for post tramatic stress disorder is not.Unlike Pennsylvania law, Connecticut law apparently recognizes that officers involved in shoot outs might suffer compensable trauma - just not when the assailant is an animal.
Officer Chiafari and his peers are seeking a change in Connecticut’s law.In Pennsylvania, work related mental stress claims are only compensable if they arise as a result of objectively verifiable “abnormal circumstances.” “To recover compensation benefits for a psychic injury, a claimant must prove by objective evidence that he has suffered a psychic injury and that such injury is other than a subjective reaction to normal working conditions.” Martin v. Ketchum, Inc., 523 Pa. 509, 568 A.2d 159 (1990).
In Davis v. Workmen’s Compensation Appeal Board (Swarthmore Borough),561 Pa.462, 751 A.2d 168, 175 (2000), the following incidents were considered to be “normal” for a patrol officer and, therefore, benefits were rejected. In one incident, another officer had gone into a house and was confronted by an armed suspect. The claimant, who was the back up officer, convinced the suspect to put his weapon down. When the claimant went to pick up the weapon, the suspect pulled out another weapon, pointed it at his face and started to pull the trigger. The claimant was able to wrestle the gun away from him. Another incident included a standoff with a large group of individuals who refused to comply with the claimant’s demand that they give up any weapons in their possession. After other officers responded to the scene, 22 individuals were arrested and officers recovered baseball bats, chains, knives, and tear gas.
In City of Philadelphia v. Workers Compensation Appeal Board (Brasten),556 Pa.400, 728 A.2d 938 (1999), a police officer who was involved in a fatal shooting incident killed a suspect who had barricaded himself in a building. The officer later became a subject of a criminal investigation by the Philadelphia Police Department and the District Attorney’s office and was indicted on manslaughter and related charges. The officer was subsequently acquitted. A claim for workers compensation benefits was filed for post-traumatic stress disorder suffered as a result of the events after the shooting. His claim was denied.
Looks like the police officers of Pennsylvania should take a hint from Officer Chiafari and his colleagues and lobby Pennsylvania’s lawmakers for a change in Pennsylvania’s law.
If you have been out of work for more than 90 days, the answer is (generally) no. The insurance company cannot stop or reduce your checks unless they have your agreement, a workers’ compensation judge issues an order directing that your checks be stopped or reduced, or you actually return to work. If you actually return to work, the insurance company must issue proper notices that it intends to stop or reduce your benefits. There are exceptions. For example, if you are incarcerated, the insurance company can stop paying your benefits. If you receive unemployment compensation benefits, pension or retirement benefits, or social security retirement benefits, the insurance company can reduce your benefits simply by filing a notice.
