thank you for this post i had not seen this article. i think will
help many people here who are fighting still for thier disablity
benefits.


--- In emsfirepoliceptsd@yahoogroups.com, "Anita"
<tempertantrumkid@y...> wrote:
> 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@c...
> Robert E. Wisniewski, Attorney for police officer
David
> Mogel
> (602) 234-3700 E-mail: bob.wisniewski@a...
>
> 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