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New York court allows late claim for AIDS phobia.

Type
Published Article
Journal
AIDS policy & law
Publication Date
Feb 05, 1999
Volume
14
Issue
2
Pages
11–11
Identifiers
PMID: 11366262
Source
Medline
License
Unknown

Abstract

[Name removed], a hospital dietary aide who suffered an occupational needlestick, may add a claim of "AIDS phobia" in a workers' compensation suit against her employer. The New York Supreme Court's Appellate Division ruled against the employer's contention that the 2-year statute of limitations in the Workers' Compensation Law should apply to psychiatric claims that result from occupational injuries. However, the original injury claim must be filed on time. [Name removed] previously had been awarded workers' compensation benefits because she lost use of her left hand. The ruling could be costly to employers, as psychological injuries are more difficult to verify with the passage of time.

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