Police Officer in Philadelphia Successfully Claims Delayed Workers' Compensation for Post-Traumatic Stress Disorder
Michael N. Lewis, Sr., a retired Philadelphia police officer with over 24 years of service, has been granted the right to pursue a claim for a psychological injury following a violent incident in 2017.
On February 4, 2017, Lewis responded to a burglary at a pet store and was severely beaten by a suspect, a former U.S. Marine. The attack left Lewis with physical injuries including a concussion, injuries to his hand and back, and facial abrasions.
Initially, Lewis submitted claims for these physical injuries, which were accepted by his employer. However, his symptoms worsened over time, causing him to have suicidal thoughts and flashbacks. This prompted him to return to psychological treatment in April 2021.
Lewis' psychologist diagnosed him with major depressive disorder, directly related to the work incident. He testified that he never had any psychological treatment before the incident and began experiencing symptoms such as irritability, unhappiness, anxiety, and helplessness a few months after the incident.
In September 2021, Lewis filed a second review petition seeking to include a psychological injury as a result of the physical injury. The Workers' Compensation Appeal Board reversed the judge's decision, reasoning that Lewis should have litigated his psychological injury at the time of the first proceeding because he was aware of it.
However, the Commonwealth Court found that Lewis' claim for PTSD was not barred by res judicata, allowing him to add it to his workers' compensation claim. The court ruled that the evidence did not suggest that Lewis or his doctor understood his psychological injury to the point that he "should have litigated" it before September 2021, which was only six months into his consistent treatment with his psychologist.
It's worth noting that the nature of Lewis' psychological injury changed over time, but unlike physical injuries, there are no direct tests for psychological injuries. The court also found that the evidence did not suggest that Lewis or his doctor understood his psychological injury to the extent that he should have litigated it before September 2021.
The Commonwealth Court's decision allows Lewis to continue his pursuit of a psychological injury claim related to the 2017 incident. The search results do not contain information about who made the decision to increase the justification for Lewis' post-traumatic stress disorder claim related to his completed workers' compensation case for physical injuries.
Lewis' case underscores the complexities and challenges of pursuing psychological injury claims, particularly in the context of workers' compensation. The court's decision could have significant implications for other workers who have suffered psychological injuries as a result of their work.
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