Post-Traumatic Stress Disorder and Other Mental Health Workers' Compensation Claims Arising During COVID-19
Veterans' Issues and How They May Impact Your Practice
A federal appeals court recently clarified that an employee may qualify for a reasonable accommodation under the Americans with Disabilities Act (ADA) even if they can perform essential job functions without such an...more
Effective Oct. 29, 2025, an amendment to the Pennsylvania Workers’ Compensation Act (Act), adopted via Pennsylvania Senate Bill 365 (Bill), will change the standard for first responders, including Emergency Medical Services...more
We’ve previously highlighted psilocybin as an alternative treatment for various neuropsychiatric disorders, including anxiety, depression, and PTSD, along with legislative efforts at the state and federal levels to legalize...more
Car accidents are traumatic events that can leave a lasting impact on victims, not only physically but also emotionally. While the physical injuries can be quite obvious, the psychological effects, such as anxiety, are not...more
The most recent amendment to New York’s Workers’ Compensation Law, which went into effect on January 1, 2025, permits any employee to seek workers’ compensation benefits when they experience a “mental injury premised upon...more
When reviewing an employee’s request for accommodations under the Americans with Disabilities Act, employers sometimes develop tunnel vision when deciding whether the claimed medical condition constitutes a protected ADA...more
A Georgia law that became effective January 1 creates new coverage requirements and mental health benefits that could impact school districts and certain of their employees....more
After three years and lots of back-and-forth, the FDA finally greenlit the Multidisciplinary Association for Psychedelic Studies’ (MAPS) Phase 2 study of smoked cannabis in veterans for the treatment of PTSD (MJP2). ...more
In this special Veterans Day episode, Matt Miller is joined by Brandon Davis, of The Davis Focus Project and former Black Hawk instructor pilot in the 160th Special Operations Aviation Regiment. Brandon shares his experience...more
In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a...more
A car accident can shake you to the core. While your body may heal, the mental impact can linger long after the crash. If you’re still feeling anxious or can’t get rid of those flashbacks, you might be dealing with...more
In a previous blog on the use of psychedelics to treat mental health disorders, we reported that the US Food and Drug Administration (FDA) granted breakthrough therapy designation to MDMA (a.k.a., ecstasy) in 2017 as part of...more
I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more
The U.S. Food and Drug Administration (FDA or Agency) rejected the new drug application (NDA) for a drug marketing approval submitted by Lykos Therapeutics Inc. (Lykos) for its psychedelic MDMA drug on Aug. 9, 2024. Lykos...more
What happens between a primary and excess liability insurer when their mutual insured is hit with a verdict $2.15 million over the primary limit and the excess insurer was not put on notice until after the verdict? This was...more
Since 2018, Proskauer has acted as pro bono legal counsel for a veteran who experienced racial discrimination during his service in the U.S. Marine Corps. Our client was stationed at Camp Pendleton in the mid-1970s. At that...more
On June 4, 2024, a panel of experts advising the Food and Drug Administration (FDA) on the use of the psychedelic midomafetamine (MDMA) for post-traumatic stress disorder (PTSD) voted 9-2 that MDMA in combination with talk...more
Yes, following a car accident, you have the right to sue for various losses, like medical expenses, missed work earnings, the pain you've endured, and emotional distress. Emotional distress falls under the category of...more
Premium Transportation Staffing, Inc. v. Welker (WCAB); No. 1329 C.D. 2022; filed Nov. 30, 2023; Senior Judge Leavitt - In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in...more
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an...more
Research into psychedelic-assisted therapy receives funding in the National Defense Authorization Act for Fiscal Year 2024. In an epoch marked by rapid innovation in mental health treatments, a paradigm shift is on the...more
On December 12, 2023, the Multidisciplinary Association for Psychedelic Studies Public Benefit Corporation (“MAPS PBC”) announced it has submitted a new drug application (“NDA”) to the FDA for the use of...more
Ketamine clinics have been on the rise in the U.S. in recent years. As a byproduct of the common practice of prescribing drugs “off-label,” these clinics are not necessarily new in their operating model. Off-label use is the...more
An Overview of Recent Decisions Demonstrating the Board’s Continuing Attitude Toward 114-a - (Editor’s Note – As a part of our Quarterly Practice Group Update, we are pleased to produce our next installment of examples of...more
Bereavement leave policies generally aim to provide employees with paid leave following the death of a family member. These policies, however, often fail to acknowledge the grief that employees experience upon a fertility...more