For First Responders And Workers’ Comp, What Is Normal?

  Friday, February 28th, 2020 Source: WorkersCompensation.com

A court decision in Arizona this week does more than potentially set a new precedent for First Responder benefits in that state; it also forces us to look at the expectations of the job, and what may be considered “normal” within the course and scope of employment.

In 2017, a Gila County sheriff’s deputy was conducting a welfare check when a veteran described as “manic” charged at him while holding a 12-gauge shotgun. The deputy and his partner fatally shot the gunman.

The deputy suffered post-traumatic stress disorder after the incident, but Gila County denied him workers’ compensation.

Appeals to the Industrial Commission of Arizona (ICA) upheld the denial. In Arizona, mental benefits are available under workers’ comp, but the condition must be the result of "unexpected, unusual, or extraordinary stress related to the employment."

On Tuesday, the Arizona Court of Appeals reversed that decision, and ordered that benefits be awarded.

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