Case 1
This is an Illinois case from May 2000 – A security guard
employed by the Illinois Institute of Technology Research Institute was struck
by a gang war’s stray bullet and killed him. His job was to provide security
inside the building, which was not open to the public. When he wasn’t
patrolling inside the building, he sat in the building’s lobby at a desk
located some 20 feet from ceiling-to-floor windows. The building was located in
a high-crime area. Gunshots could be heard weekly, and
sometimes daily, from directly across the street at a
housing project. He was shot when gang members started shooting a man from
across the street who was running towards the building. One of the bullets
fired by the gang pierced the building’s windows, hitting and killing the
security guard. Kaufman’s family filed for benefits stating that his death was
work related. What do you think?
Case 2
NY – April 2000 – Villapol was an elevator operator working
at a residential building in NYC. One day, he opened the door to a manually
operated elevator at the lobby level of the building. He failed to notice the
elevator wasn’t there and fell eight feet to the basement level. Toxicology
testing at the hospital showed he was severely intoxicated. He said he didn’t
remember the accident. Inspection of the elevator after the accident showed its
parking device was defective. Had it been working properly it would have
prevented the door from opening when the elevator wasn’t there. The inspector
issued a violation to shut
down eh elevator until it was fixed. Villapol filed for
benefits. Did he get them?
Case 3
Pennsylvania May 2000 –
A Police sergeant develops post-traumatic stress disorder.
Doctor says the office suffered “job burn-out”.
Davis was a police officer for more than 30 years. He
started as a patrol officer. In 1971, he was promoted to sergeant, a corporal,
and five patrol officers. In 1991, he became the acting police chief when the
chief died suddenly of a heart attack. Shortly after becoming acting chief,
Davis experienced difficulties in performing his work. He developed sleep
problems, shortness of breath, hand tremors, and high blood pressure. After a
doctor diagnosed him with post-traumatic stress
disorder, he retired with a disability pension. He filed for
benefits for this disorder, which he attributed to several traumatic events,
the first of which dated back to 19665. Several events involved
life-threatening confrontations with armed suspects when he was a patrol
officer and a sergeant, but non involved his responsibilities as acting chief.
He asserted that the stressful events caused physical injuries, including the
hand tremors, which interfered with his ability to handle
firearms. Did he receive benefits?
