Can a dental assistant collect workers’ compensation benefits for post-traumatic stress disorder (PTSD) and other symptoms she suffered from a work-related needle stick incident?
The Superior Court of Rhode Island upheld the denial of the claim, finding that the dental assistant’s PTSD and other symptoms were pre-existing and had no causal connection to her workplace injury.
Incident, follow-up HIV protocol caused mental distress
Helen Reardon was a dental assistant with the Rhode Island Department of Human Services. On July 28, 2015, she injured her right thumb when she accidentally stuck herself with a needle she was attempting to discard.
Reardon claimed that the injury caused her to bleed inside the glove she was wearing and caused other problems, including PTSD, migraines, cognitive issues and neurological issues. These problems stemmed from both the incident and the HIV protocol that followed.
Doctor, psychologist report improvement in her condition
She filed a workers’ compensation claim for an accidental disability retirement pension on July 29, 2019. As evidence for the claim, she submitted a Nov. 26, 2018, report from a psychologist who stated that, “It is important to note that in February 2015 (prior to the incident with the needle prick) (Reardon) had been in a motor vehicle accident and suffered from a concussion and experienced post-concussion syndrome” which was complicated by the needle stick injury and subsequent HIV protocol.
Later, the psychologist reported that Reardon “made the decision to discontinue all medication and she stated that she has recovered dramatically and no longer constantly feels sick and compromised.” The psychologist noted that Reardon wished to return to her original job at that time, and he was reasonably certain that she was capable of doing so.
An Aug. 9, 2016, report from Reardon’s personal doctor stated that her conditions caused by the car crash were compounded by the needle stick incident. However, by January 2019, the doctor reported that Reardon had “improved to the extent she is able to resume work.”
Independent exams lead to denial of claim
After reviewing this evidence, the Rhode Island Retirement Board had Reardon examined by three independent medical examiners. Two of the examiners found that Reardon no longer met the criteria for having PTSD, arguing that it and the other symptoms had resolved in late 2018.
The third examiner declared Reardon “permanently incapable and disabled from performing any of the job duties required as a dental assistant or any other job, including clerical, as a result of the needle stick incident.” This examiner argued that Reardon’s prior issues from the car crash were exacerbated by the needle stick incident and HIV protocol.
Based on the independent medical examinations and the medical evidence submitted by Reardon, the Retirement Board denied the claim, finding that there was no longer a physical or mental incapacitation resulting from the work-related incident.
Exams ‘competent evidence’ that her condition had improved
On appeal with the Superior Court of Rhode Island, the court stated “that in the context of disability retirement, ‘proximate cause’ requires a factual finding that the ‘harm would not have occurred but for the accident and that the harm was a natural and probable consequence of the accident.'”
With that in mind, the court found that the Retirement Board did not err in denying the claim as the independent medical reports “constitute legally competent evidence” that Reardon’s condition had improved and that she was no longer disabled.
