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Court dismisses employer’s appeal in bus driver’s psychological injury claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Court dismisses employer’s appeal in bus driver’s psychological injury claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Sep 11, 2026 A New York appeals court on Thursday dismissed an employer’s challenge to a bus operator’s workers compensation claim for psychological injuries, finding that a revised administrative decision rendered the appeal “moot.” As documented in 2026 NY Slip Op 05246 , filed in the state’s Appellate Division Third Department, a Manhattan and Bronx Surface Transit Operating Authority bus operator sought benefits after witnessing a box truck run over and kill a bicyclist while he was stopped at a traffic light, according to the decision. The court ruled that the transportation authority could not use its appeal of an earlier Workers’ Compensation Board decision to challenge a subsequent ruling that applied a different legal analysis. A workers compensation law judge established the psychological injury claim, and the board affirmed that determination in March 2025, finding that the mental injury was “causally related.” The employer appealed. In March 2026, the board denied the employer’s request for full board review but amended and superseded its earlier decision to add relevant facts and clarify the legal analysis applicable to psychological injury claims. The board again established the claim. Under New York’s earlier standard, workers generally had to show that their psychological injuries resulted from workplace stress greater than that normally experienced by similarly situated workers. A law effective June 4, 2025, removed that comparative requirement for medically supported claims involving post-traumatic stress disorder, acute stress disorder or major depressive disorder, while still requiring extraordinary work-related stress tied to distinct events occurring during job duties. The appellate decision did not specify how the board’s analysis changed or whether it applied the amended law. Although both board decisions reached the same result, the revised ruling was not substantially similar to the decision under appeal because it relied on a different legal analysis, the court said. The court rejected the employer’s contention that it could review the merits of the revised ruling in the pending appeal. It unanimously dismissed the appeal as moot, without costs, without deciding the merits of the worker’s entitlement to benefits. 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