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?