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Columbus Fire Department v. Ledford

9/29/1999

rvival training session, a date nearly a year before the smoke inhalation incident. Dr. McGowan's testimony suggested that Ledford's psychological disorder of post traumatic stress was likely the result of Ledford's suppression of witnessing traumatic events. In fact, Ledford, a veteran firefighter with 21-years of service, admitted that his psychological problems had begun very early in his fire fighting career. According to Ledford, within a few years of commencing work with the fire department,


I experienced a gentleman had set himself on fire. And we had to chase him down. And I think that's actually when it first began, because I had never been used to seeing deaths and stuff. And as my career continued on, I had seen multitudes of deaths and burn victims and wreck victims.


As was noted by his treating physician in a May 8, 1996 letter, Ledford has what is "felt to be a post-traumatic stress syndrome which evolved and has been associated with his work in the fire department."


Even assuming that Ledford's psychological problems emanated from "revolting employment related experience " that caused the ensuing psychological injury , such an injury is not compensable under present law. Abernathy, supra at 90-91; Bibb County v. Short, 238 Ga. App. 291, 292 (__ SE2d __) (1999). Since the record contains some evidence to support the ALJ's findings, under the "any evidence" standard of review that award and the Board's affirmance of it must be upheld. Winn Express Co. v. Hall, 202 Ga. App. 45, 47 (413 SE2d 505) (1991). The superior court erred by substituting its own findings and in reversing the State Board's award. Guarantee Mut. Ins. Co. v. Wade Investments, 232 Ga. App. 328, 330 (499 SE2d 925) (1998); Metro Interiors, Inc. v. Cox, 218 Ga. App. 396, 399 (461 SE2d 570) (1995); Gleaton, supra.


2. In light of this holding, we need not reach the remaining enumerations of error.


Judgment reversed. Pope, P. J., concurs.


Eldridge, J., concurs in judgment only.






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