A Arizona Bar Association set aside a managed judge holding a police work compensation claim.
In Pitts v. Industrial Commission a three judge of the Court of Appeal in Arizona, Division One in Phoenix, unanimously held the insufficient evidence supported by ALJ's decision to deny the benefits of post-traumatic stress disorder requested by the officer several years after a shooting incident.
Benjamin Pitts worked as an officer for the city of Chandler. In May 2013, he was on duty in his patrol car with his fiance, who participated in a ride along when he was sent to a hospital where a man had seen a gun. When they arrived, the man shot the Pitts Pittson's car and crushed the windshield. He returned fire, shot the man in his shoulder and ended the war.
Neither he nor his fiancee were injured, and nearly a year after the incident, Pitts testified about the man's three-week trial, resulting in his conviction and imprisonment. But two years after the incident, the man's meaning decreased.
In December 201
At the hearing Pitts & # 39; s fiancée confirmed that in 2015 he had begun to disassociate and become hypervigilant about his family's security, but ALJ determined that his claim was timed.
Mr. Pitts raised a special measure that held that ALJ erred and that he did not know about his PTSD license until 2016. The Arizona Court of Appeals abrogated ALJ's decision and noted that contrary to physical damage, where a diagnosis is immediate and obvious The emergence of mental health is more difficult to determine. The court found that neither the city nor the insurer offered evidence that ALJ could settle when Pitts PTSD damage was reimbursable or when he should have known that his injury had become acute enough to constitute a claim for compensation.
As One result, the court claimed that the city and the insurer failed to meet their burden to prove that the claim was unclear and claimed that Pitts is entitled to a hearing on the matter.
Lawyers in the case did not immediately respond to requests for comments.