Safety Law News for September 8, 2023

— In Pennsylvania, the Commonwealth Court of Pennsylvania, ruled that a teacher was entitled to an award of ongoing total disability benefits for an injury suffered in the classroom.  The school district was challenging the decision by the Workers’ Compensation Appeal Board to grant the claim and impose penalties in a claim filed by a special education teacher who was injured when a student scratched and her punched in the abdomen, causing an abdominal contusion.  In addition to the physical injuries, the teacher claimed psychological injuries as she was eight-months pregnant at the time.  The Workers’ Compensation Board agreed with the attending physician that both injuries “resulted from a physical injury sustained in the course of her employment.”  The court agreed with the school district that, “the claimant bears the burden of establishing a right to workers’ compensation benefits and proving all necessary elements to support such an award.”  However, the court reasoned that because the teacher “receive(ed) treatment for her work injury, and the symptoms related thereto… the (Workers’ Compensation Appeal Board) did not err in applying the physical/mental standard in this matter.”  Moreover, the court held that the teacher “subsequently developed PTSD that the accepted medical evidence related to the work injury.”  School District of Philadelphia v. Shahyra Smith

— In Arkansas, officials in the Fort Smith School District are implementing “additional safety protocols after responding to two incidents involving (a gun and knife) since the start of the school year.”  “Dean positions have been added to Northside and Southside high schools this year to assist with student discipline, allowing assistant principals to focus on campus safety and improving the school environment.”  And “the district is looking to hire four more school resource officer positions.”

— In Ohio, officials in Xenia “recently authorized the execution of memorandums of understanding (MOUs) with Xenia Community Schools, the Greene County Career Center, and a multi-party MOU with Legacy Christian Academy, St. Brigid School, and Summit Academy Community School for the provision of school resource officers (SROs).”  “The proposed pay plan — 60 percent from the school and 40 percent from the city — for each SRO takes into consideration the amount of time the SRO spends in the school each day with the average school year of 1,440 hours.”

— In New York, officials are sounding the alarm in the Orchard Park Schools of the increase by students using illegal substances, including (1) the accidental ingestions of edibles; (2) use of marijuana; (3) vaping.