Excerpts from CookCountyRecord.com:
A recent ruling by the Illinois Appellate Court has forced the state’s workers’ compensation commission to reconsider a claim made by a Homewood firefighter suffering from post-traumatic stress disorder (PTSD). The court found that there is legal precedent supporting his case, and that the commission had acted too quickly in dismissing his claim.
Lt. Scott Moran, a 25-year veteran of the Homewood Fire Department, was initially denied coverage for PTSD-related symptoms by an arbitrator, who ruled that he did not suffer an accidental injury arising from his job. That decision was upheld by the Illinois Workers’ Compensation Commission. However, after appealing through both Cook County Circuit Court and the Appellate Court, Moran’s case was overturned.
The incident leading to Moran’s PTSD occurred on March 30, 2010, during a house fire where multiple departments were involved. As the highest-ranking officer on scene, Moran was responsible for coordinating the response. He was preparing to enter the building with another firefighter when Brian Carey, the ambulance driver, volunteered to go in instead. While inside, Carey was severely injured and later died from his wounds.
Because Carey was the ambulance driver, Moran had to arrange for another ambulance to transport him, which delayed the response. Following the incident, the fire department halted all operations for about 10 days and referred all calls to other agencies. All firefighters at the scene were given time off and access to mental health services, and were only allowed to return to work after being cleared by a psychologist.
Moran sought psychological help shortly after the event and was diagnosed with PTSD several weeks later. He returned to work nine months after the fire, once his doctor confirmed he could manage his symptoms effectively.
The initial arbitrator rejected his claim, stating that while he had an emotional reaction to the event, it did not constitute a physical injury. She also noted that he did not witness Carey’s death or participate in the rescue efforts, and that his condition was more related to personal circumstances than the nature of his job. She awarded his employer a credit of over $7,400 for temporary disability payments.
However, the appellate court disagreed, emphasizing that firefighters face unique and inherent stresses that are not typical of other professions. It referenced previous rulings that suggest emotional trauma should be evaluated using a reasonable-person standard. The court pointed out that Moran’s presence outside the burning structure did not disqualify the event as traumatic, especially considering his feelings of guilt and responsibility as the incident commander.
Additionally, the court highlighted that the fire department itself recognized the event as sufficiently traumatic to provide mental health support to all personnel involved. “Clearly, this is not the kind of event that an employee would experience in the normal course of their job,†the court stated. “Moran’s psychological injuries stemmed from a single, traumatic event, and he is entitled to recover for his psychological disability.â€
The decision was delivered by Justice Bruce D. Stewart, with Justices William Holdridge, Thomas Hoffman, Donald Hudson, and Sheldon Harris concurring.
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