The California Fire Service July - August 2024

The California Fire Service 32

You don’t need to tell me that the job has many stresses. Sometimes you need to tell yourself that the stresses are adversely affecting you. PSYCHOLOGICAL INJURIES Emotional stressors cause injuries/illnesses such as Post Traumatic Stress Disorder (PTSD) or the more modern term “Post Traumatic Stress Injury”, along with multiple other descriptions. A large number of psychological/psychiatric conditions may be caused or aggravated by stress of fire service. Anxiety, Depression, PTSD/PTSI, Obsessive Compulsive Disorder are just a few. GENERAL LAW General California Workers’ Compensation law provides benefits for “injuries” if caused, or aggravated or accelerated by factors of the employment. This sort of “injury” can be “specific” occurring as the result of one repetitive mentally or physically traumatic activities over a period of time. (+Federal law, not State law covers Federal firefighters) incident or exposure, OR “cumulative” occurring as

For physical injuries, all that is necessary is proof that the condition was caused or aggravated or accelerated by factors of the employment. This is a low requirement for proof of entitlement to medical care and certain wage loss. HIGHER STANDARD FOR “PSYCHE” INJURIES Under our workers’ compensation law a PSYCHIATRIC INJURY (other than PTSD-see below) is “compensable” (payable) only upon proof that “actual events of the employment were predominant (51%+) as to all causes” of the injury. This somewhat to 35% causation where the injury is caused by a violent act-including exposure to a violent act. This can include firefighter personal life or death events, OR exposure to violence directed to others gruesome medicals or other violence may qualify. There are several additional requirements in psyche cases, to ensure that employers are not saddled with “bogus” claims-including stresses due “predominant cause” requirement is relaxed

to “lawful, good-faith, non discriminatory, good-faith personnel action” (like stress over being passed over for promotion). I cannot list all of the complications of “psychiatric injury” claims as the forces and personalities and reactions involved, are too varied. PSYCHIATRIC INJURIES require a higher standard of proof than physical injuries. Employers have more defenses to claims of psychiatric injury. But PTSD injuries have special protection through a “presumption” of industrial causation. PRESUMPTION FOR PTSD CLAIMS For members of fire service (and other first-responders) who suffer PTSD injury January 1, 2020 until January 1, 2029, the Labor Code provides a “disputable presumption” that the PTSD IS job related. In enacting this PTSD presumption, the legislature correctly found “it is imperative for society to recognize occupational injuries related to post traumatic stress can be

Psychiatric Injuries require a higher standard of proof than physical injuries.

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