Hynes v. Good Samaritan Hosp.

In 2009, a registered nurse (Nurse) employed by Hospital commenced this action for workers' compensation benefits, alleging that as the result of three incidents with patients involving assault and sexual assault, she suffered from posttraumatic stress disorder (PTSD) and depression. The workers' compensation court found all three incidents occurred, held that Nurse suffered depression and PTSD as a result of the incidents, and that Nurse was permanently and totally disabled. The court awarded benefits accordingly. After Hospital appealed, it was discovered that the testimony of all Hospital witnesses who testified on behalf of Hospital could not be transcribed due to a failure of electronic equipment used by the court reporter. The Supreme Court vacated the judgment of the trial court and remanded for a new trial, concluding that, under the circumstances of the case, where the testimony of all Hospital witnesses had been lost due to no fault of either party, the Court could not undertake a meaningful appellate review of the assignments of error. Remanded for a new trial. View "Hynes v. Good Samaritan Hosp." on Justia Law