On January 11, 2007, the Pennsylvania Supreme Court issued a decision concerning Workers' Compensation disability precipitated by inappropriate comments in the workplace. In RAG (Cyprus) Emerald Resources, L.P. v. Worker’s Compensation Appeal Board (Hopton), 912 A.2d 1278 (Pa. 2007), the employee alleged disability as a result of disparaging comments of a sexual nature made by his supervisor, which aggravated the post-traumatic stress disorder he had as a result of his military service in Vietnam.

The Pennsylvania Supreme Court noted that to prevail in a case where a psychological stimulus causes an alleged psychological injury, an employee must show that he or she suffered the psychological injury, and that it resulted from “abnormal working conditions.” The Worker’s Compensation Appeal Board held that the employee had met his burden. Three incidents were substantiated by the testimony of other eyewitnesses. Despite testimony that the workplace was an environment where off-color innuendo was common, the Board held these incidents of sexually explicit comments constituted an abnormal working environment, pointing to discipline against the supervisor for violating the UMW contract by uttering these comments.

A unanimous Supreme Court in this decision overturned a Commonwealth Court decision and re-instated the Claimant's award of benefits. This precedential ruling establishes a new standard wherein abnormal working conditions for purposes of establishing a mental disability can be predicated on inappropriate sexual comments.

Should you have any questions regarding this matter or any commercial litigation issues, please call or e-mail John P. Corcoran, Jr. at (412) 261-6400 or jpc@jpcg.com.