Post Traumatic Stress Disorder Archives - Labor Relations Information System

No Employment Right To Use Medical Marijuana At Home

May 13, 2022

| Categories: Drug Testing, Post Traumatic Stress Disorder, Public Safety Labor News, Reasonable Accommodation

Sergeant Samuel Velez Ortiz worked for the Florida Department of Corrections. Velez Ortiz became a patient of Dr. Justin Davis, who is licensed by the Florida Department of Health (DOH) to recommend medical marijuana use. After consulting with Dr. Davis, Velez Ortiz sought and obtained a valid medical marijuana-use registration card from the DOH based on his PTSD, which is a qualifying condition. Accordingly, Velez Ortiz used medical marijuana…

Temporary Loss Of Awareness Due To PTSD Not Covered By ADA

March 17, 2022

| Categories: Americans With Disabilities Act, Post Traumatic Stress Disorder, Public Safety Labor News

Michael Holliday served eight years in the Marine Corps and was honorably discharged in 2003. He served one combat tour in Iraq and Kuwait in 2003. Holliday was diagnosed with PTSD in the summer of 2017. On December 16, 2017, while employed by the Orleans Parish Sheriff’s Office (OPSO) in Louisiana as a Lieutenant, Holliday’s neighbor Nihaya Mansour – who had heard noises in her backyard at 10:46 P.M. – observed Holliday clad only in his underwear and…

‘No-Holds-Barred Meeting’ Leads To PTSD Claim

February 11, 2022

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation, Working Conditions

Allison Shuff is a police officer for the City of Harrisburg, Pennsylvania. On January 6, 2016, Shuff filed a workers’ compensation claim alleging that she suffered an injury in the form of depression and PTSD based on two incidents that occurred in the course and scope of her employment. Both incidents involved Shuff’s failure to use a taser on alleged perpetrators. Following the second incident, a meeting was held…

SWAT Officer Loses PTSD Claim

September 11, 2021

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News

Christopher Rocap began working as a New Jersey State Police trooper in 1993. In 2001, he joined the Technical Emergency and Mission Specialist Unit (TEAMS), which specializes in dangerous and technical assignments. Rocap’s experiences with TEAMS included rescuing persons trapped in burning buildings, recovering the bodies of drowning victims, engaging and talking down suicidal persons, and dealing with armed suspects holding hostages. In 2013, Rocap began treatment with psychiatrist…

In Some States, PTSD Not Compensable Injury Without Physical Injury

April 30, 2021

| Categories: Benefits, Disability Issues, On-Duty Injury, Post Traumatic Stress Disorder, Public Safety Labor News

Brian Carver was employed by the Jackson Police Department in Mississippi as a patrolman for 20 years. In 2004, Carver fatally shot a suspect. After his two required visits to a psychologist, Carver was cleared to return to work, where he experienced physical and mental health issues while on duty. The first time Carver experienced PTSD symptoms after returning to work occurred when he was dispatched on a domestic…

PTSD Caused Marital Problems, Not Vice-Versa

April 8, 2021

| Categories: Disability Issues, Pension, Post Traumatic Stress Disorder, Public Safety Labor News

Christopher Staford was a Crest Hill police officer in Illinois. He was working as a patrol officer on December 11, 2010, when he and a suspect exchanged gunfire. During the incident, Staford’s gun jammed. Shortly after the incident, Staford went to the emergency room, where he complained of feeling “rattled” and “very anxious.” He was diagnosed with anxiety. After continuing to experience symptoms, Staford began seeing Dr. Puls, a…

The High Standard For PTSD Claims In Some States

February 1, 2021

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

A case involving Huntington Firefighter John Angle shows the difficulty of establishing a PTSD workers’ compensation claim in a state with a “physical injury” statute such as West Virginia. Several states have workers’ compensation laws similar to Section 23-4 of the West Virginia Code, which provides that “no alleged injury or disease shall be recognized as a compensable injury or disease which was solely caused by nonphysical means and…

Pre-Existing PTSD Does Not Bar Officer’s Disability Claim

September 29, 2020

| Categories: Americans With Disabilities Act, Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News

Detective Christopher Sardo worked for the Village of Franklin Park, Illinois. Sardo served in the United States Marine Corps from 1987 to 1991, including a tour of duty in Desert Storm. Besides physical danger, his service exposed him to several traumatic events, including fellow Marines being shot at and killed. After his discharge, Sardo experienced depression, flashbacks, and panic attacks. Sardo became a Franklin Park police officer in January…

Lack Of Response From Dispatch Basis For PTSD Claim

July 28, 2020

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News

Kimberly Nelson, a Chicago police officer, responded to a dispatch report that there was a “possible kidnapping of a FedEx driver” on 80th Street. Nelson inquired where exactly on 80th Street the incident had occurred. Eventually, the dispatcher replied, “Units in 6, we have a robbery, an armed robbery of a FedEx driver, 708 East 80th.” Nelson, who was nearby, headed to the location while calling “652 for information.”…

Arizona Shifts Standards On PTSD Workers’ Comp Claims

July 22, 2020

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

In June 2017, Gila County, Arizona deputy sheriff John France and another deputy were dispatched to a residence to investigate a person threatening to kill himself with a shotgun. When they arrived at the house, a man burst through the doorway between them, holding a shotgun in a shooting stance.The man rushed toward France, his shotgun only a few feet away from France’s face and ignored repeated requests to…

Permanent Inability To Return To Work Is Fatal

May 29, 2019

| Categories: Discipline, Post Traumatic Stress Disorder, Public Safety Labor News, Termination

Isaiah Cardinale was an officer with the police department in Nutley Township, New Jersey. In December 2013, Cardinale submitted to a random drug test. Two days later, Cardinale admitted to using cocaine. The Department immediately suspended him pending the results of the test, and Cardinale successfully completed drug and alcohol treatment in Florida. In February 2014, the toxicology report demonstrated that he had tested positive for cocaine. The Department…

Firefighter Wins $750k In Retaliation Case

May 29, 2019

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Retaliation

Jesse Diaz was a firefighter for Trenton, New Jersey. Diaz, who is Hispanic, was well-regarded by his colleagues and supervisors, and he enjoyed their camaraderie and support. That changed after Diaz overheard a white firefighter named Plumeri use a racist term in reference to an African-American colleague. Although the colleague was not present, Diaz thought that the incident was serious, and that Plumeri should be disciplined for using racist…

The Time Frame For Filing A PTSD Claim

April 22, 2019

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

Benjamin Pitts was a police officer with the City of Chandler, Arizona. In May 2013, Pitts was on duty in his patrol vehicle with his fiancée, who was participating in a ride-along. That evening, Pitts received a call that there was a man acting in a disorderly manner and possibly brandishing a gun outside Chandler Regional Hospital. The dispatcher told Pitts the man was walking up the road with…

Police Lieutenant Must Be Able To Work Outside Office

March 29, 2017

| Categories: Americans With Disabilities Act, Post Traumatic Stress Disorder, Public Safety Labor News

Humberto Valdes was a lieutenant in the City of Doral, Florida Police Department. All lieutenants in the Department worked eight-hour shifts; Valdes was assigned to the afternoon shift. While on duty in March 2009, Valdes was involved in a car crash. After the crash, Valdes developed a panic disorder and began seeing a psychiatrist for treatment. From April through August 2009, the psychiatrist recommended that Valdes work on light…

Court Upholds Limited-Duty Assignment Of Cleveland Officers Involved In High-Profile Shooting

January 31, 2017

| Categories: Light Duty Work, Post Traumatic Stress Disorder, Public Safety Labor News

In November 2012, thirteen police officers engaged in a high-speed car chase in Cleveland, Ohio. When the car finally came to a stop, the officers fired 139 bullets into the vehicle, killing the two African-American suspects inside. The media started reporting the story, framing it as twelve Caucasian officers and one Hispanic officer shooting and killing two unarmed African-American suspects after a high-speed car chase. The community response was…

Paramedic’s PTSD Not Covered By Workers’ Comp

March 31, 2016

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

Beginning in 2002, Charles Kimzey worked as a paramedic for Vashon Island Fire and Rescue in Washington. In June 2012, Kimzey was diagnosed with post-traumatic stress disorder. He then filed a claim for benefits with Washington’s Department of Labor and Industries for an “Industrial Injury or Occupational Disease.” Kimzey stated in his application that his PTSD and depression were caused by “repeated exposure to some pretty horrific incidents…over a…

Court Rules That Seeing Suspect Killed Is ‘Normal’ For Police

April 1, 2014

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News

Under New York law as well as the law in several other states, for a stress disability to be covered by workers’ compensation, the stress experienced by the employee must be greater than that which usually occurs in the normal work environment. A recent case involving the East Greenbush, New York, Police Department demonstrated how that legal standard effectively precludes most stress claims by law enforcement officers. The case…

State Police Successfully Opposes Trooper’s PTSD Claim

November 25, 2013

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News

How post-traumatic stress disorder (PTSD) claims are treated by workers’ compensation and pension laws varies widely across the country. Some states require only that an employee prove that PTSD was caused by the job. At the other end of the spectrum, the most conservative states require that the employee actually be physically injured in the incident that caused the PTSD. Kentucky follows the “physical injury” model. So it was…

In Some States, Physical Injury Required For PTSD Claims

February 22, 2013

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

The workers’ compensation or pension systems of different states have a variety of standards for evaluating claims for post-traumatic stress disorder (PTSD). One of the strictest standards requires a firefighter or law enforcement officer to prove not just that they have PTSD which has been caused by the job, but that the PTSD arose alongside of a “physical injury.” Oklahoma follows this strict standard, and as City of Norman…

More Difficult For Police To Prove ‘Abnormal Working Conditions’

March 1, 2011

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

While Philip Payes, a Pennsylvania state trooper, was working on November 29, 2006, a woman who apparently was mentally disturbed ran in front of his vehicle. Payes attempted to resuscitate the woman after she was struck by his patrol car but the incident resulted in a fatality. Payes filed a workers’ compensation claim for post-traumatic stress disorder. When the State denied his claim, he challenged the denial through the…

Infant With Throat Cut Not ‘Abnormal Working Condition’ For Trooper

February 1, 2011

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News, Workers’ Compensation

In Pennsylvania, for an employee to succeed in bringing a workers’ compensation claim for a psychological disability, the employee must ordinarily show that the disability “was more than a subjective reaction to normal working conditions.” Pennsylvania courts have struggled for years trying to apply this standard to public safety employees. The case of Rodney Washington is a good example of how difficult it is for a public safety employee…

PTSD Resulting From Spitting Incident Does Not Qualify As Accidental Disability

December 1, 2010

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News

Under New Jersey law, public safety officers who suffer from an “accidental” disability are entitled to a higher pension than those suffering from other disabilities. In the case of stress disabilities, the rule is that the disability must result “from direct personal experience of a terrifying or horror-inducing event that involves actual or threatened death or serious injury, or a similarly serious threat to the physical integrity of the…

Officer Loses Post-Traumatic Stress Claim

November 1, 2010

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News

William Biasetti was a police officer with the Stamford, Connecticut Police Department. On May 24, 2005, Biasetti was involved in a high-speed car chase on Interstate 95 during a torrential rainstorm. At the conclusion of the high-speed chase, Biasetti was engaged in a gun battle with the suspects and was in fear of losing his life. During the course of the gun battle, Biasetti injured his right elbow and…

Court Rules Against Wife Of Officer Who Committed Suicide

June 1, 2010

| Categories: Post Traumatic Stress Disorder, Public Safety Labor News

Dennis Walsh joined the Nassau County, New York Police Department in 1990. In 2006, after rising through the ranks to the position of Detective Lieutenant, Walsh began to exhibit signs and symptoms of post-traumatic stress disorder. On October 19, 2006, Walsh committed suicide. Walsh’s widow brought a federal civil rights lawsuit against the Department, alleging that the failure of the Department to provide adequate training in suicide prevention for…

Officer Who Accidentally Killed Fellow Officer Wins PTSD Disability

August 1, 2009

| Categories: Disability Issues, Post Traumatic Stress Disorder, Public Safety Labor News, Retirement and Pension

On March 25, 2005, members of the Easton, Pennsylvania Police Department SWAT team, including Matthew Renninger and Officer Jesse Sollman, returned to the Easton Police Department after a day of SWAT training and began breaking down and cleaning various weapons used that day. Renninger took his firearm, a 40-caliber handgun, out of his holster and placed it on a bench in the locker room. Renninger placed the gun on…

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