 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
City of Pittsburgh v. Logan11/20/2002
The City of Pittsburgh challenges the award of benefits under the Heart and Lung Act, 53 P.S. ยง 637, for the psychic injuries sustained by Patrick Logan, a Pittsburgh police officer, in connection with his official duties.
In September 1998, appellee felt ill at work and went home early. The next day, while waiting to testify in court, he experienced flashbacks of incidents from his career. Appellee described these as including " hooting incidents that I've had over the years, the fact that one time I had carried a baby out of a house that a father had shot in the head and took to the hospital and couldn't save, just a lot of gory stuff that happened that just started coming back like a flood. Then I thought I was going to die." N.T., 2/3/99, at 27.
Unable to get out of his chair, appellee was taken by ambulance to the emergency room, and his condition required three days of inpatient psychiatric treatment. Appellee has been receiving psychiatric care ever since, and has not returned to work.
Appellee filed for disability benefits pursuant to the Heart and Lung Act. The city denied appellee's claim, and the matter proceeded to arbitration. There, appellee testified that since he began his career with the Pittsburgh police department in 1969, he had been involved in seven police-related shootings. In November 1993, a gang member shot at appellee at close range; appellee and other officers returned fire, killing the suspect. Appellee was cleared of any wrongdoing, but because of the publicity, appellee and the other officers were transferred for their safety.
Appellee testified his supervising officer, Lieutenant Dacey, advised him the police received information that members of the same gang had placed a $50,000 bounty on appellee and his family. Appellee testified his son received death threats from gang members while at school. As a result, appellee suffered from insomnia, crying for no apparent reason, nightmares, and outbursts of anger at his spouse. He sought counseling and did not miss any work due to his psychological difficulties, which gradually diminished.
Lieutenant Dacey testified it was common for police officers to receive threats. N.T., 2/19/99, at 6. However, the threat against appellee was "the most serious threat [Lieutenant Dacey] ha ever received on an officer." N.T., 1/11/99, at 12. Lieutenant Dacey stated that he had never heard of another instance where a bounty or contract was placed on an officer. N.T., 2/19/99, at 13-14. Lieutenant Dacey considered the bounty to be "very credible." Id., at 15.
From 1994 until 1996, appellee worked as an undercover detective without experiencing any relevant work incidents. In 1996, appellee returned to patrol duties. Between November 1997 and May 1998, appellee was assaulted four times while assisting in arrests. In one incident, he was punched and kicked while attempting to apprehend an armed rape suspect. In the second episode, appellee wrestled with an HIV-positive prostitute who scratched, bit, and spat at him. The third incident involved a drug arrest that resulted in a fight with the suspect. In May 1998, a suspect kneed appellee's groin, causing him to miss two weeks of work. After this last assault, appellee had a reoccurrence of the psychological problems that followed the gang shooting. Appellee attempted to see Dr. Gerald Massaro, a psychologist employed by the city, but was unable to meet him due to the high demand for Dr. Massaro's services.
The arbitrator awarded benefits, finding appellee proved he suffered a disabling post traumatic stress disorder and panic disorder as the result of abnormal working conditions in the course of duty. The arb
Page 1 2 3 4 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|