Dig and all, I hope this helps.



STATE TROOPER WINS PRECEDENT-SETTING COURT CASE ON PTSD CLAIM


Contact: Allen R. Kates, author, "CopShock, Surviving Posttraumatic
Stress Disorder (PTSD)"
(520) 616-7643 E-Mail: copshock@...
Robert E. Wisniewski, Attorney for police officer David
Mogel
(602) 234-3700 E-mail: bob.wisniewski@...

Documents Available on Request: Judge's decision
Newspaper report


-PHOENIX, AZ. An Arizona State Trooper has won a precedent-setting
court case that affects police officers, corrections officers,
firefighters, and other emergency services workers throughout the
United States.

On January 20, 2000, Department of Public Safety Officer David D.
Mogel killed a shotgun-toting car thief wanted for bank robbery after
the suspect attempted to shoot him.

Because of the trauma in taking a human life, Mr. Mogel was
diagnosed with Posttraumatic Stress Disorder (PTSD), and could no
longer function as a police officer. When he applied for Workers'
Compensation benefits, he was denied. The Arizona Department of
Public Safety and Workers' Compensation (State of Arizona, DOA Risk
Management) claimed that shooting suspects was part of the job, and
not an "unexpected" event as required by Arizona law.

Mr. Mogel's attorney, Robert E. Wisniewski, says, "The state
raised the defense that working in police work everyday was not a
substantial contributing cause of my client's post traumatic stress
disorder because police are exposed to such hazards everyday so that
is routine."

In her Findings and Award of December 19, 2002 awarding Mr. Mogel
Workers' Compensation benefits, Administrative Law Judge Karen
Calderon states, "I find that shooting and killing another human
being in the line of duty is an extraordinary stress related to the
employment."

The implications of this decision are far-reaching. A police
officer's claim of PTSD has not won a court case in Arizona before,
and rarely succeeds in other jurisdictions. Mr. Wisniewski
says, "This case made a great difference in establishing that post
traumatic stress disorder is a cognizable claim for a police officer
involved in such a life threatening event."

If Mr. Mogel had lost his case, the decision may have prevented
not only police officers, but also corrections officers, firefighters
and other emergency workers from collecting Workers' Compensation
benefits if injured psychologically on the job.

During the trial, Allen R. Kates, author of "CopShock, Surviving
Posttraumatic Stress Disorder (PTSD)," a police trauma/recovery book,
testified as an expert witness. Mr. Mogel's attorney says that Kates'
testimony, based on the research presented in CopShock, "was very
important in helping the Judge sort out the real issue in this case."

In his testimony, Mr. Kates gave an overview of the effects of
PTSD, and presented studies that show police shootings are rare
events that no officer, no matter how well trained, can prepare for
emotionally or psychologically.

The expert witnesses included police psychologist Dr. Sarah
Hallett, therapist. Ellen Roy Day, and Mr. Kates. In awarding in
favor of Mr. Mogel, the Judge states that, "Conflicts in the evidence
are resolved in favor of the opinions of Dr. Hallett, Ms. Day and Mr.
Kates as being more probably correct and well founded."

As he is a police journalist and presents an objective point of
view, Mr. Kates does not accept payment for his expert testimony.

This case, called "David D. Mogel vs. Department of Public Safety
and State of Arizona, DOA Risk Management," will likely be cited in
future court proceedings as a precedent in support of police
officers, corrections officers, firefighters, and EMS personnel who
sustain PTSD injuries incurred in the line of duty.

The product of six years of research, CopShock is used in police
academies and police department counseling units around the country.
It is considered the top guide on how to prevent or manage police
stress, trauma, and PTSD. In 2001, the A&E Television Network
produced a documentary based on the book.

Author Allen R. Kates, BCECR, is a police journalist and trauma
expert, Board Certified in Emergency Crisis Response (BCECR) by the
American Academy of Experts In Traumatic Stress. He is trained in
critical incident stress debriefings (CISD) and suicide interventions
by the International Critical Incident Stress Foundation and by the
Arizona Pima County Attorney's Victim Witness Program. He is a member
of the American Society for Law Enforcement Training (ASLET).




--- In emsfirepoliceptsd@yahoogroups.com, "Ask and I will tell"
<doug3171@c...> wrote:
> I had to quit my job as a police officer/firefighter becasue of
PTSD
> and am currently seeking a disability pension. I have letters from
2
> doctors stating that I shouldn't work in this line again. I am
> wondering if anyone has received a pension or is having touble
> obtaining a pension and what they are doing to help. I feel that I
> might have trouble getting the pension. Any help would be great.
> Thanks.
> Doug