The Pennsylvania Workers’ Compensation Act (Pa WC Act) is very specific that for an injured worker to receive workers’ compensation benefits for mental injuries, the injury must have resulted from “abnormal working conditions.” The Courts must conduct a thorough analysis of the evidence to determine whether a particular fact pattern reaches the standard of “abnormal working conditions.” This determination is very dependent on the specific facts of each case and what would be expected in that particular job.
On October 22, 2025, the Commonwealth Court of Pennsylvania dealt with this issue in Ganley v. Upper Darby Township (Workers’ Compensation Appeal Board). In Ganley, the injured worker was a firefighter/EMT, who was forced to perform CPR on infants twice in less than two years and neither infant survived. As a result of those events, the Claimant suffered post-traumatic stress disorder (PTSD) and filed a Claim Petition seeking workers’ compensation benefits. After hearing the testimony of the Claimant and several fact witnesses, the Workers’ Compensation Judge (WCJ) reached the legal conclusion that Claimant did not establish the causative events were abnormal. The WCJ denied the Claim Petition, finding that the events described by the Claimant do not constitute an “abnormal working condition” for his job. Upon appeal, the Workers’ Compensation Appeal Board (WCAB) affirmed the Decision.
However, upon further appeal, the Commonwealth Court of Pennsylvania reversed the Decision of the WCJ. The Court reviewed the facts found by the WCJ, and determined that the facts reached the level of an abnormal working condition. The Court noted that the WCJ had focused on the testimony of an employer witness, stating that performing CPR, even on an infant, and having a patient die in your presence, were all normal parts of this job. Despite that, the Court analyzed the evidence further, finding that while having to perform CPR, even on an infant, is a normal and expected part of the firefighter/EMT job that the Claimant held, the specific facts here – performing CPR on two infants within 16 months, with neither surviving, has to be seen as abnormal. The Court concluded that this specific sequence of events was not at all normal and the Claim Petition should have been granted.
The Court’s ruling displays that while many jobs have very high stress elements, certain events can be so unusually stressful for the job they can rise to the level of “abnormal working conditions” that qualify for workers’ compensation benefits. Thus, this Decision establishes that in a psychological injury case, an “abnormal working condition” can be either an unusually stressful performance of a job duty or a unique event that makes the job more stressful than usual.
Zachary M. Rubinich is a partner in our Philadelphia office. He focuses his practice on the defense of insurance carriers, self-insured entities and third-party administrators against workers’ compensation claims in Pennsylvania. Based on his extensive experience, the Pennsylvania Bar Association Workers’ Compensation Law Section has certified him as Specialist in the practice of workers’ compensation law Zach has handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court and the Pennsylvania Supreme Court. Zach has been appointed to the following American Bar Association Tort Trial and Insurance Practice (TIPS) leadership positions: Past Chair of the Litigation and Trial Practice Committee; Vice-Chair of the Appellate Advocacy Committee; member of the Ethics and Professionalism Standing Committee; and member of the CLE Board Committee. He is the Past Chair of the ABA’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee from 2018-2019. He has served as a Vice-Chair of this committee from 2015 to present. In addition, Zach served as Vice-Chair of the 2017-2018 American Bar Association Standing Committee for Diversity and Inclusion. He is also a Committee Member of the ABA’s Legal Opportunity Scholarship Fund. Zach has been rated AV Preeminent by Martindale-Hubbell for the thirteenth consecutive year for 2025. He has been selected as a 2019, 2020 and 2021 Pennsylvania Super Lawyer by Super Lawyers. He was selected as a Pennsylvania Rising Star by Super Lawyers from 2010 to 2014. He was selected as an International Advisory Experts (IAE) Award recipient in 2019 for his accomplishments as a workers’ compensation attorney in Pennsylvania. Zach has been selected as a Fellow of the College of Workers’ Compensation Lawyers Class of 2020. Mr. Rubinich has been recognized as a Main Line Today 2023 and 2024 Top Lawyer.
Zach can be reached directly at: (215) 575-4340 (office) or (215) 478-5053 (cell) • zrubinich@rawle.com
Workers’ Compensation Section
CHAIR: Claudio J. DiPaolo
PARTNERS: Zachary M. Rubinich; J. Brendan O’Brien; Christian M. Stein; Jennifer Schwartz
OF COUNSEL: James Curry; William Copetas; Denise DaPrile-Ragoza
ASSOCIATES: John Taylor
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