The worker was operating a train exiting a tunnel when he observed two young men running across the tracks. The operator was not able to stop the train, and he heard a thumping noise that caused him to believe that the train had run over and killed one of the men. However, upon exiting the train, the operator observed the two men running away.

The train operator sought psychological counseling for sleep disturbance, anxiety, flashbacks, fatigue and headaches. He also sought workers’ compensation benefits for a psychiatric disability.

The arbitrator in the case denied the worker benefits, finding that he was not exposed to a severe and sudden emotional shock. The arbitrator’s decision was confirmed by the commission.

The commission held that the operator had testified credibly as to the events. However, because the injured man was able to stand up under his own power, jump a fence and run away, the operator did not face the emotional shock of witnessing the aftermath of what he believed had happened.

In addition, the commission agreed with the arbitrator’s finding that the alleged mental disorder did not arise from a situation beyond the usual emotional tension and strain that workers must experience, particularly those who operate motorized vehicles.

Paul Greenberg is a Chicago workers compensation attorney and work injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Ahmed Ghosien, doing business as Ghosien European Auto Werks, entered a guilty plea to a Class 4 felony. According to the state, Ghosien refused to comply with the legal requirement to obtain workers’ compensation insurance after many opportunities and aggressive enforcement action against him.

The penalty for failure to obtain insurance was increased from a misdemeanor to a Class 4 felony in 2005, and the current case is the first felony conviction secured for the offense in Illinois.

Michael P. Latz, chairman of the Illinois Workers’ Compensation Commission, said that employers who fail to obtain the insurance put workers at risk and compete unfairly against companies that follow the law. He said that such employers ultimately shift their business costs to Illinois taxpayers.

According to the IWCC, Ghosien operates an auto repair shop in Hometown, Illinois, and failed to obtain workers’ compensation insurance for the mechanics who work there. In 2010, he was fined and briefly obtained insurance. However, Ghosien did not pay all of the fine or the insurance premium, and a criminal indictment was issued.

Paul Greenberg is a work injury lawyer and workers compensation attorney in Chicago with Briskman Briskman & Greenberg. To read more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.