Workman’s Comp denied for Firefighter’s PTSD Unaccompanied by Physical Injury

Comp denied for firefighter’s PTSD unaccompanied
by physical injury

March 25, 2013

In Oklahoma, an injured worker who
suffers from post-traumatic stress disorder and depression as a result of a
work incident is not entitled to benefits unless he also suffered a physical
injury in the incident.

Case name: City of Norman v. Helm,
No. 110273 (Okla. Civ. App. 12/07/12).

Ruling: The Oklahoma Court of Civil Appeals held that a firefighter
was not entitled to benefits for his mental injuries that were unaccompanied by
physical injuries.

What it means: In Oklahoma, an injured worker who suffers from
post-traumatic stress disorder and depression as a result of a work incident is
not entitled to benefits unless he also suffered a physical injury in the
incident.

Summary: A firefighter for a city responded to an incident in which
two young boys were trapped in the trunk of a car on a hot day. The firefighter
took care of one boy who “was in heart stroke.” The firefighter had
10 children, and one of them was the same age and had the same name as the boy.
The boys later died. The firefighter said that after the incident he started to
isolate himself from friends and family and had flashbacks and nightmares. He
was diagnosed with post-traumatic stress disorder and depression. He sought
workers’ compensation benefits, and the city denied compensability. The
Oklahoma Court of Civil Appeals held that he was not entitled to benefits.

A statute states that a compensable
injury does not include a mental injury that is unaccompanied by a physical
injury. The city asserted that the PTSD constituted a mental injury, not a
physical injury. The firefighter’s doctor stated that PTSD displays biochemical
changes in the brain and body.

The court stated that the
legislature has an “obvious purpose” to deny compensation for
psychological disorders unaccompanied by a nonpsychological, physical injury.

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