Legal ruling in worker’s compensation denial for firefighter with PTSD

Legal ruling in worker’s compensation denial for firefighter with PTSD

From excerpts published on CookCountyRecord.com: The Illinois Workers' Compensation Commission must reconsider a claim filed by a Homewood firefighter seeking coverage for post-traumatic stress disorder (PTSD), following a recent decision by a state appeals court. The court ruled that existing legal precedents support the firefighter's claim, and criticized the Commission for dismissing it too hastily. Lt. Scott Moran, a 25-year veteran of the Homewood Fire Department, initially filed for workers' compensation after being diagnosed with PTSD. An arbitration panel ruled against him, stating he hadn't experienced an "accidental injury" arising from his duties as a firefighter. This decision was upheld by the Illinois Workers' Compensation Commission. Moran then appealed to both the Circuit Court of Cook County and ultimately the appellate court, which overturned the previous rulings. Moran's PTSD diagnosis stems from a tragic house fire on March 30, 2010. As the highest-ranking officer on the scene, he was responsible for commanding the firefighting efforts, which involved multiple departments. When a fellow firefighter, Brian Carey, volunteered to enter the burning building to search for a trapped individual, Moran stayed outside to maintain overall command. Tragically, Carey was severely injured during the operation, later succumbing to his injuries. In the aftermath of the fire, the fire department suspended all operations for approximately 10 days, outsourcing emergency calls to neighboring agencies. Firefighters, including Moran, were granted access to psychological counseling and were required to undergo mental health evaluations before returning to work. Moran began seeing a psychologist in April 2010, receiving a PTSD diagnosis shortly thereafter. He returned to active duty nine months later after his physician confirmed his symptoms were manageable. The arbitration panel concluded Moran failed to demonstrate an "accidental injury" directly linked to his firefighting duties. The panel argued that although Moran experienced distress due to the fire, he didn’t suffer any physical harm, nor did he witness Carey’s death or participate in direct rescue attempts. The panel emphasized that Moran’s emotional trauma seemed tied to personal factors rather than an objectively dangerous situation, and ultimately awarded his employer a credit for temporary disability payments already made to him. However, the appellate court disagreed, emphasizing that the standards applied to firefighters should differ due to the inherently stressful nature of their work. Citing relevant case law, the court stated that determining whether a worker endured sufficient emotional distress to qualify for compensation should follow an "objective, reasonable-person standard." The court highlighted that Moran’s location outside the burning building didn’t negate the traumatic nature of the incident. It referenced Moran’s lingering feelings of guilt and responsibility as the incident commander, noting the fire department itself acknowledged the severity of the event by granting all involved personnel extended leave and mental health support. The court concluded that the fire represented an extraordinary, one-time traumatic event far beyond the scope of typical firefighting duties. As such, Moran deserved compensation for his psychological injuries. Justice Bruce D. Stewart authored the majority opinion, with Justices William Holdridge, Thomas Hoffman, Donald Hudson, and Sheldon Harris concurring. This decision marks a significant shift in how psychological injuries among first responders are evaluated under Illinois law.

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