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View Full Version : PRECEDENCE IN PTSD COURT CASE


wardog
08-01-2003, 04:29 PM
The following information is taken from: Calibre Press Street Survival Newsline No. 655

ARIZONA OFFICER SETS PRECEDENCE IN PTSD COURT CASE

The recent court case David D. Mogel vs. the Department of Public Safety and the State of Arizona, DOA Risk Management (Worker's Compensation) is a landmark case that could set the precedent for future cases involving police officers and other emergency personnel that suffer Post Traumatic Stress Disorder as a result of facing tragedy on the job.

It was January 20, 2000 when Arizona State Trooper David Mogel had to make the split-second decision to use deadly force on a shotgun-toting car thief and wanted bank robber. The subject led police on a pursuit that ended in a strip mall parking lot, where he attempted to fire on police with a shotgun. All of Mogel's training and experience was tested at that very moment when he shot and killed the subject, ending the immediate threat to the many lives surrounding the incident. The pursuit and the threat were over, but for David Mogel, the battle had just begun when he faced the aftermath. Mogel developed Post Traumatic Stress Disorder, and as a result, could not effectively function in every day activities, much less on the job.

Mogel applied for workers compensation, but was denied because the Arizona Department of Public Safety and Workers' Compensation (State of Arizona, DOA Risk Management) claimed that shooting suspects was part of the job, and not an "unexpected" event as required by Arizona law. The State argued that taking another human's life in the line of duty is just part of the job and is not an "unexpected" event.

For the rest of the information on Post Traumatic Stress you may visit the Caliber Press web page and look for
Calibre Press Street Survival Newsline No. 655

Most likely this is in the sworn officer section. Doesn't take much to register. There is also a section for non sworn officers as well.