Legal Question in Workers Comp in Arizona
Employment related Post Traumatic Stress Disorder
Statement: I was a 24 year employee of a fire department. My job description: firefighter/medic/hazmat technician. I was terminated for chronic Post Traumatic Stress Disorder. Question: Are there any exhisting or past court opinions, referencing termination for Post Traumatic Stress Disorder in any of the 50 states involving firemen or policemen?
1 Answer from Attorneys
This really isn't a workers' compensation question, but...
I assume you were actually terminated after somebody concluded that you are disabled, and that you cannot perform the duties of a firefighter. If you also have a workers' compensation claim, you can be left "between a rock and a hard place." If you claim, under w.c., that you are disabled, you cannot then claim that you should not have been terminated for inability to perform your job.
In essence, you have to choose between seeking employment (and risking discrimination--but at least you'd have the ADA and Az Civil Rights Act behind you) or allowing them to terminate you, which is dynamite evidence in your comp case.
Sorry this doesn't directly answer your question, but you'll probably have to hear from more than just the Arizona attorneys before you'll really know the answer to that question. If you need assistance with your compensation case, remember to always seek a board-certified specialist in workers' compensation. The State Bar (252-4804) can give you a list.