This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A police officer witnessed a traumatic shooting incident in 1986 while on duty. Over the years, he experienced personal and professional difficulties, including relationship issues, disciplinary actions at work, and emotional struggles. In 1991, after serving in the Gulf War, he was diagnosed with post-traumatic stress disorder (PTSD) linked to the 1986 incident. He subsequently filed a workers' compensation claim, asserting that his condition was work-related (paras 2-7).
Procedural History
- Workers' Compensation Judge, 1994: Denied the claimant's request for compensation benefits, finding that he failed to provide timely notice of his work-related injury to his employer (paras 1, 9).
Parties' Submissions
- Claimant-Appellant: Argued that he could not have reasonably provided notice of his work-related injury until he was diagnosed with PTSD in September 1991. He contended that the diagnosis clarified the connection between his symptoms and the 1986 incident (paras 10, 13).
- Respondents-Appellees: Asserted that the claimant should have provided notice when his problems began affecting his work in 1987 or 1988, as this was when he should have recognized the compensable nature of his injury (para 9).
Legal Issues
- Did the claimant fail to provide timely notice of his work-related injury to his employer under the applicable workers' compensation law?
- When does the statutory period for providing notice begin in cases involving latent injuries such as PTSD?
Disposition
- The Court of Appeals reversed the Workers' Compensation Judge's decision and remanded the case for further proceedings (para 24).
Reasons
Per Donnelly J. (Alarid and Black JJ. concurring):
The Court held that the statutory period for providing notice begins when the worker knows or should reasonably know the nature, seriousness, and compensable character of the injury. In cases of latent injuries like PTSD, this occurs when the worker is diagnosed and informed of the connection between the injury and their employment. The Court found that the claimant could not have reasonably known of the compensable nature of his injury before his PTSD diagnosis in September 1991. The Workers' Compensation Judge's finding that notice should have been given in 1987 or 1988 was not supported by substantial evidence (paras 12-17).
The Court also addressed procedural issues, ruling that the Workers' Compensation Judge erred in excluding evidence regarding the employer's failure to post required notices about workers' compensation claims. This issue was properly raised in the pretrial order, and the claimant should have been allowed to present evidence on this matter. On remand, the Judge must determine whether the employer had actual notice of the injury or failed to comply with posting requirements, which could toll the statutory notice period (paras 21-23).