Workers' compensation news from around the country - FL PTSD ruling

FL: Judge Rules Against Pulse Nightclub First Responder

Orlando, FL (WorkersCompensation.com) – A Florida workers’ compensation judge has rejected a claim from an Orlando police officer that he suffered from Post-Traumatic Stress Disorder after responding to the Pulse nightclub shooting that left 49 people dead.

Judge Neal Pitts ruled against former Orlando police officer Gerry Realin’s suit asking for $25,000 in lost wages.

Florida law covers medical benefits for first responders’ mental injuries, and prohibits payment of lost wages unless a physical injury requires medical attention. Realin’s attorney, Geoff Bichler, argued that Realin suffered from hypertension as a result of his PTSD. 

But Pitts said while Realin may suffer from PTSD following the attack, he failed to prove “that he suffered a hypertension condition or injury June 12, 2016 at the Pulse Nightclub.” Pitts wrote that the ruling was made, in part, because there was no blood pressure reading taken on the night of the attack.

“The decision was disappointing,” said Bichler said in an email interview with WorkersCompensation.com. "But we also feel it’s very good in that it highlights the issue for the legislature.”

Pitts’ decision could trigger more support for a Florida law to provide full coverage to first responders diagnosed with PTSD. Senate Bill 376 would change the law. The bill, sponsored by minority leader Sen. Lauren Book, of Broward County, would provide “workers’ compensation benefits for mental or nervous injuries regardless of whether such injuries are accompanied by physical injuries.”

The bill won unanimous approval from the Florida Senate Banking and Insurance subcommittee in 2017, and passed through the Senate Commerce and Tourism Committee this week. 

Critics to the bill note the costs, and the ease with which first responders could prove their claim, as problems. 

The Florida League of Cities said it believes the bill would be too costly for Florida taxpayers.

 “With the most respect to our first responders, we feel like part of the conversation that should be had when discussing PTSD and workers’ comp is the cost associated with any new benefits,” said David Cruz, Tallahassee, Florida-based legislative counsel for the Florida League of Cities, according to Business Insider. “Unfortunately, our taxpayers would be on the hook... The League of Cities has tried to look at other states that have studied this issue, and one such study was done by the Ohio Bureau of Workers’ Compensation, who studied a similar proposal. They estimated that it would cost Ohio $182 million a year for the impacted first-responder employers. Ohio is a smaller state... so the impact in Florida could be even greater.”

Additionally, the American Insurance Association cited the bill’s evidentiary standards as being too lax.

“While we all have the utmost respect and appreciation for law enforcement and first responders, AIA opposes permitting recovery of mental stress claims in the workers’ compensation system in the absence of any physical impairment,” said Ron Jackson, Atlanta-based vice president for state affairs, Southeast region for the AIA, according to Business Insider. “It’s necessary to have a higher standard for mental injury claims because of the greater challenge in connecting these injuries, which are inherently subjective, directly to the workplace. Without restrictions and clear evidentiary standards, mental stress claims can flood the system and result in workers compensation simply becoming general health insurance for psychological injuries.” 

Realin retired from the force in 2017 and will receive 80 percent of his salary for the rest of his life. Bichler had previously said that if Realin lost, he would appeal. As of press time, Bichler has not said whether or not he would appeal the decision. 

https://www.wci360.com/news/article/fl-judge-rules-against-pulse-nightclub-first-responder