Japan's Supreme Court recognizes PTSD as an injury

Perpetrators of violent crimes in Japan can now be held responsible for resulting PTSD as well as any physical injuries they may have caused. The Japanese Supreme Court issued the ruling after hearing the case of a man who kidnapped and held prisoner four women for a year.

The Japan Daily Press has more:

Japan Supreme Court rules that PTSD equal to injury under Penal Code

National Veterans Foundation predicts "tsunami of PTSD-related criminal cases"

The National Veterans Foundation is about to release a new book that it says will help guide defense attorneys, judges, expert witnesses and others during PTSD-related criminal court proceedings.

Why is there a need for this book? From their press release: "History tells us that as the wars in Iraq and Afghanistan wind down, the numbers of troubled veterans flooding into our criminal courts will swell. Emerging research reveals a pattern of traumatized combat veterans surfacing in the criminal justice system following every major American conflict. Unfortunately, veterans of past conflicts were often treated quite harshly when their psychological injuries led them into criminal behavior."

From their web page about the book: "This project was not initiated to create a 'get out of jail card' for veterans on trial. The purpose was to create the best defense and back it up with efforts to provide ongoing post-trial treatment."

The book, Attorney's Guide to Defending Veterans in Criminal Court, will be released soon and is available for the pre-publication price of $100.

What do you think? Is PTSD going to result in a lot of vets ending up in court? Is this danger over-stated? Have you been mistreated in the courts? Please feel free to share your thoughts and experience.

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PTSD and Worker's Comp

Research has consistently shown that trauma causes physical changes to the human brain. (See the PTSD News archive for several examples.) But if you are traumatized by your job, can you claim worker's comp?

In Wyoming, the answer is no. That state's Supreme Court ruled in December that the biological changes to the brain are not the same as physical injuries and are therefore not eligible for worker's comp.

The case came up when a volunteer firefighter experienced PTSD after seeing two of his coworkers burned and killed during a fire. The court called these "mental injuries" and said the law did not offer compensation for these types of wounds.

Read more: Risk & Insurance Online - Biological roots of PTSD don't trigger comp for physical injuries

What do you think? Should firefighters, police personnel, rescue workers and others be eligible for worker's comp due to PTSD? How about victims of workplace bullying or sexual harassment? Should PTSD be considered a physical injury? Let us know your thoughts.

Robber with PTSD Ruled Not Guilty by Reason of Insanity

The San Jose Mercury News reports:

In a potential landmark case for soldiers suffering from post-traumatic stress disorder, a Santa Clara County jury Tuesday found a former Army captain diagnosed with PTSD not guilty by reason of insanity for robbing a Mountain View pharmacy of drugs at gunpoint.

The jury's verdict means that West Point graduate Sargent Binkley of Los Altos will be treated for the disorder in a state hospital or as an outpatient rather than face 12 to 23 years behind bars.