Excerpts from the CookCountyRecord.com:
The state’s workers’ compensation commission is now required to re-evaluate a Homewood firefighter’s claim for coverage related to post-traumatic stress disorder, following a recent ruling by an Illinois appeals court. The court determined that there is sufficient legal precedent to support the firefighter’s claim and that the commission acted too quickly in dismissing it.
Lt. Scott Moran, a 25-year veteran of the Homewood Fire Department, initially faced rejection from an arbitrator who ruled that he did not suffer an accidental injury arising out of his employment when he claimed coverage for PTSD symptoms. This decision was upheld by the Illinois Workers’ Compensation Commission. However, Moran appealed the case through the Cook County Circuit Court and eventually reached the appellate level, where the ruling was overturned.
Moran’s PTSD reportedly stemmed from a house fire that occurred on March 30, 2010. As the highest-ranking officer on the scene, he was responsible for directing the firefighting effort, which involved multiple departments. He was preparing to enter the burning building with another firefighter to rescue someone trapped inside when Brian Carey, the ambulance driver, volunteered to go in instead. While Carey and another firefighter were inside, the flames suddenly intensified, causing severe injuries to Carey, who later died from his wounds.
In the aftermath, the fire department halted all operations for about 10 days and referred all emergency calls to other agencies. All firefighters at the scene were given access to mental health services and were not allowed to return to work until cleared by a psychologist. In April 2010, Moran sought help from a psychologist, who diagnosed him with PTSD a few weeks later.
After nine months, Moran was cleared to return to duty, as his doctor confirmed he could manage his symptoms. However, the arbitrator overseeing his workers’ compensation claim ruled that he had not suffered a physical injury linked to his job. She noted that while he experienced an emotional reaction, he did not witness the death of Carey or participate in the rescue. She also stated that his injury was more a result of his personal circumstances rather than a direct occupational hazard, and she awarded the employer a $7,400 credit for temporary disability payments.
The appellate court disagreed, pointing out that the lower court applied a different standard to firefighters, who face unique and inherent stresses not experienced by workers in other professions. Citing relevant case law, the court emphasized that whether an employee has suffered enough emotional trauma to qualify for benefits should be judged by a reasonable person’s perspective.
The court noted that Moran’s presence outside the building did not disqualify the event as traumatic. It highlighted his feelings of guilt and responsibility as the incident commander and pointed out that the fire department itself recognized the event as significant enough to provide time off and mental health support to all involved firefighters.
“This was clearly not a routine situation an employee would encounter in their daily work,†the court stated. “Moran’s psychological injuries resulted from a single, traumatic event, and he is entitled to compensation for his psychological disability.â€
Justice Bruce D. Stewart delivered the opinion of the court, with Justices William Holdridge, Thomas Hoffman, Donald Hudson, and Sheldon Harris concurring.
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