Excerpts from the CookCountyRecord.com:
A recent decision by an Illinois appellate court has forced the state’s workers’ compensation commission to reevaluate a claim from a Homewood firefighter who suffered from post-traumatic stress disorder (PTSD) after a traumatic incident. The court ruled that there is now legal precedent supporting his case, and that the commission acted too quickly in dismissing it.
The original claim was rejected by an arbitrator, who determined that Lt. Scott Moran, a 25-year veteran of the Homewood Fire Department, had not experienced an “accidental injury†that arose out of his employment. This decision was upheld by the Illinois Workers’ Compensation Commission. However, after multiple appeals, including one to the Cook County Circuit Court and then to the Appellate Court, the ruling was overturned.
The incident in question occurred on March 30, 2010, when a deadly house fire broke out. As the highest-ranking officer on scene, Moran was in charge of coordinating the firefighting efforts, which involved multiple departments. He was preparing to enter the 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, resulting in severe injuries to Carey, who later died from his wounds.
Because Carey was the ambulance driver, Moran had to find an alternative transport for him, which delayed the response. This event deeply affected Moran, leading him to seek psychological help a few weeks later. A psychologist diagnosed him with PTSD, and he was cleared to return to work nine months after the fire, once his symptoms were under control.
However, the initial arbitrator found that Moran had not sustained a physical injury or directly witnessed the death of Carey. She also noted that he was not involved in the actual rescue, and therefore, his emotional distress was deemed unrelated to his job. As a result, the employer was given a credit of over $7,400 for temporary disability payments made to Moran.
The appellate court disagreed, arguing that firefighters face unique and unavoidable stresses that others in different professions do not. It cited existing case law stating that emotional trauma should be evaluated using an objective, reasonable-person standard. The court emphasized that even though Moran was outside the burning house, the event was still traumatic enough to cause lasting psychological effects.
Additionally, the court pointed out that the fire department itself recognized the event as traumatic, granting all firefighters time off and access to mental health resources. The judge concluded that the psychological injuries suffered by Moran stemmed from a single, life-altering event and that he was entitled to workers’ compensation for his disability.
Justice Bruce D. Stewart wrote the opinion, with Justices William Holdridge, Thomas Hoffman, Donald Hudson, and Sheldon Harris joining in the decision.
Titanium Dioxide R868,R868 Titanium Dioxide,High Purity R868 Titanium Dioxide,Coatings R868 Titanium Dioxide
Wuxi Qijun New Material Co., LTD , https://www.tio2supplier.com