City of Pittsburgh v. Logan

780 A.2d 870, 2001 Pa. Commw. LEXIS 532
CourtCommonwealth Court of Pennsylvania
DecidedJuly 19, 2001
StatusPublished
Cited by6 cases

This text of 780 A.2d 870 (City of Pittsburgh v. Logan) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Pittsburgh v. Logan, 780 A.2d 870, 2001 Pa. Commw. LEXIS 532 (Pa. Ct. App. 2001).

Opinions

DOYLE, President Judge.

The City of Pittsburgh (City or Employer) appeals from an order of the Court of Common Pleas of Allegheny County that affirmed an arbitrator’s decision granting Patrick Logan’s claim petition for benefits pursuant to what is frequently referred to as the Heart and Lung Act.1 Due to the evolution of case law on this subject, the essential issue presented is whether there are ever any working conditions that can be considered abnormal for a police officer, given the highly stressful nature of a police officer’s daily work life; we believe that there may be, and that this is such a case.

On October 21, 1998, Logan, a City police officer, filed a claim petition for benefits under the Heart and Lung Act, alleging that he suffered from work-related “[ajmdety attacks — post-traumatic stress disorder — severe” and that the “[cjumula-tive effect of police shooting resulted in psychological disability. Primarily threats of harm to family.” (Reproduced Record (R.R.) at 2a.) Logan sought full disability benefits beginning October 9, 1998 as well as the payment of his medical bills. (R.R. at 3a.)

Arbitration hearings were held on January 11,1999, February 3, 1999, and February 19, 1999, at which time only Logan presented witnesses, although both parties offered exhibits to support their respective positions. By an opinion dated July 7, 1999, the arbitrator found:

Claimant in the course of his duties has been in seven shootouts, has been stabbed three times, has had fractures of his skull, face, right arm, and wrist, and in early 1998 had been assaulted four separate times. In November 1993 he was involved in a shootout with an assailant who shot at his face from point blank range. Claimant and other officers on the scene returned fire killing the assailant. The assailant’s family and/or gang placed a $50,000.00 bounty on Claimant for his death, and Claimant was then transferred to a different unit.

(Arbitrator’s Decision, p. 3; R.R. at 226a.)

The arbitrator evaluated the reports of various doctors and mental health experts, including Harlan B. Handler, M.D., Clarissa Cabacungan, M.D., and Russell H. Scott, Ph.D., who treated Logan, and who believed him to have suffered a work-related psychic injury. The arbitrator also considered the report of an independent psychiatric examiner, Stuart S. Burstein, M.D., who believed that Logan had no mental disability. After considering all of the evidence, the arbitrator found:

In the instant case the credible and consistent testimony of Claimant and his witnesses, particularly Lieutenant [Phillip] Dacey who distinguished Claimant’s experiences from normal typical experiences is persuasive of the requisite abnormal working conditions. The reports of treating Drs. Cabacungan, Handler, and Scott suffice to establish causation [873]*873and disability, and are credited over the report of the examiner, Dr. Burstein.

(Arbitrator’s Decision, p. 9; R.R. at 232a.) The arbitrator concluded as a matter of law that “Claimant did prove a disabling post traumatic stress disorder and panic disorder as the result of abnormal working conditions in the course of duty.” (Arbitrator’s decision, Conclusion of Law No. 5, p. 10; R.R. at 233a.) (Emphasis added.)

On appeal, the Court of Common Pleas of Allegheny County affirmed the arbitrator’s decision, explaining, inter alia, that “[t]he case of City of Philadelphia v. Ryder, 712 A.2d 350 (Pa.Cmwlth. [1998) ] is controlling on the issue of what constitutes abnormal working conditions. The facts presented by Officer Logan are more compelling than those in Ryder.” (Common Pleas decision, dated December 15, 1999, p. 2; R.R. at 256a.)2 However, we note that, while this Court in Ryder upheld an award of benefits for post-traumatic stress disorder suffered by police officer Howard Ryder as a result of a standoff that we determined to be an actual extraordinary event, this Court later stated in Young v. Workers’ Compensation Appeal Board (New Sewickley Police Department), 737 A.2d 317 (Pa.Cmwlth.1999), that our Supreme Court’s decision in City of Philadelphia v. Workers’ Compensation Appeal Board (Brasten), 556 Pa. 400, 728 A.2d 938 (1999), had overruled Ryder sub silentio. Our analysis in Young has since been confirmed by the Supreme Court’s very recent decision in City of Philadelphia v. Civil Service Commission of the City of Philadelphia (Ryder), 772 A.2d 962, 2001 Pa. LEXIS 1083 (May 21, 2001), in which the Supreme Court did indeed reverse our earlier Ryder decision.

As a result of the decision in Common Pleas, Employer appealed to this Court, raising the issue of whether the arbitrator erred in deciding that Logan met his burden of proving a psychic injury where, the City contends, Logan failed to demonstrate abnormal working conditions in the performance of his job duties.3

We begin our analysis by noting that, in Heart and Lung Act cases, just as in workers’ compensation cases, “where a claimant suffers a psychological injury caused by psychological stimuli while in [the] performance of his or her duty, the claimant must prove that such injury is other than a subjective reaction to normal working conditions.” Rodgers v. Pennsylvania State Police, 759 A.2d 424, 429 (Pa.Cmwlth.2000), petition for allowance of appeal denied, 771 A.2d 1292 (Pa.2001). Regarding this issue, the law is now settled that both the Heart and Lung Act and the Workers’ Compensation Act4 require a claimant to establish abnormal working conditions in the absence of direct and immediate physical trauma as the causation for the claimant’s mental disability.

Employer in the instant case contends that Logan has not sufficiently met his burden of proving abnormal working conditions, and, therefore, he cannot properly receive Heart and Lung benefits due to his psychic injury. Specifically, Employer states in its brief that “[t]he basis of this [874]*874appeal is not whether the claimant established a causal relationship between his mental condition and his work environment, but whether such conditions rose to the level of an abnormal work condition.” (Appellant’s brief, p. 6, n. 2.) In essence, Employer contends that Logan’s testimony of work-related mental stress, albeit caused by cumulative trauma, particularly trauma arising out of a shooting incident involving the police and one Maniea (a.k.a. Stoney) Bey, which eventually led to media attention and a bounty on Logan and his family, does not support a finding of abnormal working conditions. Employer cites a number of cases in an attempt to support its position.5

Of course, “[pjsychic injury cases are highly fact sensitive.” Clowes v. Workmen’s Compensation Appeal Board (City of Pittsburgh), 162 Pa.Cmwlth.583, 689 A.2d 944, 948 (1994), petition for allowance of appeal denied, 543 Pa.

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Cite This Page — Counsel Stack

Bluebook (online)
780 A.2d 870, 2001 Pa. Commw. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pittsburgh-v-logan-pacommwct-2001.