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Davis v. Civil Service Commission of the City of Philadelphia10/30/2002
The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County that reversed the decision of the Civil Service Commission of the City of Philadelphia (Commission) denying the appeal filed by Keith Davis (Claimant) from the City's determination that his alleged psychological injury was not service-connected. We reverse.
On August 2, 1999, Claimant sustained a laceration on his right eye, cuts on his hand and an injury to his left knee in the course of his employment as a correctional officer at the City prison, when he and his co-worker were attacked by inmates with a makeshift knife. Claimant was thereafter placed on Injured on Duty leave until October 26, 1999 when he returned to a light-duty position in the prison mailroom and worked for one day.
Claimant thereafter filed an appeal with the Commission pursuant to the City Civil Service Regulation 32 (Civil Service Regulation), alleging that he suffered from a psychological injury as a result of the August 2, 1999 work incident and was unable to return to a full-duty status. On January 3, 2000, Claimant returned to a municipal guard position with the Philadelphia Free Library earning five to seven thousand dollars less than his annual pre-injury wage. The City accepted its liability for Claimant's physical injuries as service-connected.
To support his claim that he suffered from a psychological injury, Claimant testified before the Commission that following the August 2, 1999 work incident, he became jumpy and irritable and began experiencing severe nightmares; although he was physically able to perform the duties of the light-duty position at the prison mailroom, he "freaked out" when he saw inmates at work; he experienced flashback of the August 2, 1999 work incident whenever he saw a former inmate on the street; and, he was not capable of returning to the pre-injury position due to his psychological problems. Claimant did not take any medication for the alleged psychological condition after the August 2, 1999 incident.
Claimant also presented the deposition testimony of Elaine DeSilva, Ph.D, a psychologist, who treated him since November 1, 1999. Dr. DeSilva previously approved Claimant's return to the light-duty guard position with the Philadelphia Free Library. Dr. DeSilva opined that Claimant suffered from a chronic posttraumatic stress disorder as a result of the August 2, 1999 work incident and was not capable of returning to the pre-injury job.
In opposition to Claimant's appeal, the City presented the deposition testimony of Robert V. DeSilverio, M.D., a board-certified psychiatrist, who examined Claimant on August 12, 1999 and reviewed his medical records, including Dr. DeSilva's November 5, 1999 medical report. Dr. DeSilverio testified that upon examination, he did not find any evidence that Claimant suffered from a psychiatric disorder. Claimant did not complain of sleeping problems or any intrusive recollections, dreams or flashback of the August 2, 1999 work incident. Dr. DeSilverio noted that Claimant was unwilling to return to a position at the prison because of his concern over safety, which is not a psychiatric disorder. Dr. DeSilverio opined that Claimant did not suffer from a posttraumatic stress disorder or any other psychiatric condition as a result of the August 2, 1999 work incident and was capable of returning to the full-duty work. Dr. DeSilverio recommended, however, that Claimant be assigned to a position not involving contact with inmates, in light of the fact that he was not motivated to return to the pre-injury position based on his concern over safety.
The Commission accepted Dr. DeSilverio's opinion as m
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