In the Matter of the Claim of Jennifer Croom v New York State Department of Corrections and Community Supervision et al.
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Attorneys and Parties
Brief Summary
Workers' compensation coverage for posttraumatic stress disorder (PTSD) suffered by a correction sergeant after an incarcerated individual died during a medical emergency.
A Workers' Compensation Law Judge found that claimant had a compensable work-related PTSD claim.
The Workers' Compensation Board overturned the Workers' Compensation Law Judge's ruling and disallowed the claim, and the Appellate Division affirmed that result.
The court held that Workers' Compensation Law § 10 (3) (c) [prohibits disallowing certain covered employees' claims for posttraumatic stress disorder (PTSD), acute stress disorder, or major depressive disorder based on a finding that workplace stress was not greater than normal workplace stress] did not apply retroactively to a Board decision issued before the statute's effective date. It also held that claimant, as a correction officer, was not within Workers' Compensation Law § 10 (3) (b) [bars disallowance of specified first responders' psychological injury claims arising from work-related emergency stress on the ground that the stress was not greater than that usually occurring in the normal work environment], and substantial evidence supported the Board's finding that the stress she experienced was not greater than that normally encountered by similarly situated correction staff.
Background
Jennifer Croom worked as a correction sergeant at Albion Correctional Facility. In 2023, an incarcerated individual whom she had known years earlier from prior employment suffered a medical emergency. Croom and a facility nurse brought the individual to the hospital unit, where the individual's condition worsened and became fatal despite cardiopulmonary resuscitation (CPR), use of an automated defibrillator, and later efforts by paramedics. Croom remained for questioning during the ensuing investigation, later sought mental health treatment, was diagnosed with posttraumatic stress disorder (PTSD), stopped working in November 2023, and filed a workers' compensation claim.
Lower Court Decision
The Workers' Compensation Law Judge established the claim for work-related posttraumatic stress disorder (PTSD). On administrative review, however, the Workers' Compensation Board disagreed, ruled that claimant had not sustained a compensable injury, and disallowed the claim.
Appellate Division Reversal
There was no appellate reversal. The Appellate Division affirmed the Board's disallowance of the claim. The court rejected claimant's request to remit the matter for consideration of Workers' Compensation Law § 10 (3) (c), reasoning that the statute became effective after the Board's October 2024 final decision and showed no legislative intent for retroactive application. The court further held that correction officers are not included within the classes protected by Workers' Compensation Law § 10 (3) (b), and that substantial evidence supported the Board's finding that responding to inmate medical emergencies, including providing lifesaving aid, was part of claimant's job and not outside the ordinary stress of her work environment.
Legal Significance
This decision clarifies that Workers' Compensation Law § 10 (3) (c) does not retroactively reopen or affect Board determinations already completed before its effective date, particularly given Workers' Compensation Law § 23 [Board decisions are final and conclusive unless disturbed on appeal]. It also confirms a narrow reading of Workers' Compensation Law § 10 (3) (b): the phrase covering an emergency medical technician, paramedic, or other person certified to provide medical care in emergencies does not extend to correction officers merely because they may be trained in first aid or cardiopulmonary resuscitation (CPR).
Before the 2025 statutory expansion took effect, a correction officer seeking benefits for a stress-related psychological injury had to show workplace stress greater than that normally faced by similarly situated employees, and training in emergency response alone did not place correction staff within the special first-responder protection of Workers' Compensation Law § 10 (3) (b).