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Columbus Fire Department v. Ledford9/29/1999
The Columbus Fire Department/Columbus Consolidated Government appeals an order of the superior court that reversed an award by the Appellate Division of the State Board of Workers' Compensation. We granted the request for discretionary review to determine whether the superior court erred in finding that Walder L. Ledford, Jr., a firefighter, had sustained a compensable claim for workers' compensation benefits relating to post traumatic stress.
In February 1997, Ledford filed a claim using September 22, 1995, as the date of accident and seeking temporary and permanent partial disability benefits, medical expenses, attorney fees, and penalties. The claim form described the "accident" as " ost-traumatic stress causing anxiety disorder."
The administrative law Judge ("ALJ") took judicial notice of the fact that the claim form alleged a non-physical injury and relied upon the following facts in making her decision.
On January 12, 1995, Ledford experienced chest pains and tingling before going to a fire. He had felt this same tightness in his chest in March 1994 while undergoing training for a survival course.
In February 1995, Ledford participated in fighting a fire at an abandoned hosiery mill where he experienced some minor smoke inhalation. The fire department accepted responsibility for medical treatment and Ledford returned to full duty less than a week later.
In June 1995, Ledford was dispatched with other firefighters to the scene of a house fire. When Ledford discovered that a person had succumbed, he sat on the back of the fire truck, claiming that psychologically he could not fight the fire. The ALJ noted that Ledford "incurred no physical injury and in fact did not even engage in fighting the fire." Ledford continued, however, working regular duty as a firefighter. In July 1995, Ledford was dispatched to an automobile accident scene in which there were multiple fatalities. The ALJ noted that " hile the employee received absolutely no physical injury while performing his job duties at this accident scene, he testified he experienced psychological trauma from witnessing multiple deaths and hearing the screams of one accident victim." Ledford continued working regular duty. Finally, on September 22, 1995, during a survival training session, Ledford experienced a panic attack while pulling a breathing mask over his head. As noted by the ALJ, Ledford "testified that he received no physical injury at this training session." Ledford consulted Dr. Michael Sims, his family physician, who after diagnosing a panic attack, referred Ledford for counseling from a psychologist, Dr. William McGowan. While receiving his full salary, Ledford remained out of work from September 22, 1995 through May 20, 1996. When he returned to work, the department assigned him to a fire station maintenance position that did not require that he respond to fires or accidents.
The ALJ found that when Ledford experienced the problem with smoke inhalation in February 1995, "he suffered no psychic trauma." The ALJ further noted that Ledford admitted that on September 22, 1995, when he was diagnosed with psychic trauma, he had suffered no physical injury. The ALJ determined that Ledford's "psychic injury is the result of and has continued only as the result of purely psychic stimuli and not of a physical injury." The ALJ decided that Ledford's psychological condition, which manifested in chest tightness, irritability, insomnia, and restlessness, was the result of witnessing severe injuries and deaths in fires and automobile accidents. Applying Southwire Co. v. George, 266 Ga. 739 (470 SE2d 865) (1996), the ALJ determined that the fire department had no liability for Ledfor
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