Denial of Police Officer Psychological Claim Reversed by Commonwealth Court
In a closely watched Decision, the Commonwealth Court of Pennsylvania reversed the denial of a police officer’s post-traumatic stress disorder claim in Steve Russo v. Upper Darby Township (WCAB); No. 2093 C.D. 2024; Dec. 8, 2025.
Notably, this litigation arose prior to the passage of the October 29, 2025 Section 301(g) Amendment to the Workers’ Compensation Act lowering the burden of proof for first responders to establish a post-traumatic stress injury.
On November 20, 2020, the Claimant, a 14-year police officer, was involved in a violent altercation with a suspect resulting in the suspect’s death. During an attempted arrest, the suspect placed the Claimant in a chokehold and attempted to access the Claimant’s service weapon. During the struggle, the Claimant shot the suspect in the chest. The Claimant attempted CPR; however, the suspect was later pronounced dead. He returned to duty on March 1, 2021 and was later removed from work due to psychological symptoms on December 17, 2021.
The Claimant filed a Petition to Review seeking to add post-traumatic stress disorder to the claim. Of significance, the Claimant presented medical expert testimony from his psychiatrist and the Defendant presented no psychiatric expert testimony. Regardless, the Workers’ Compensation Judge denied the Petition and found that the Claimant failed to meet his burden of proof for a psychological injury. The Appeal Board affirmed. Following Claimant’s appeal, the Commonwealth Court reversed and remanded the Decision. The Court held that the physical/mental standard did not apply because the Claimant’s physical injuries did not require medical treatment. Instead, the Court applied the mental/mental standard and found that the totality of the violent incident exposed the Claimant to abnormal working conditions as a matter of law. The Court further noted that Workers’ Compensation Judge improperly rejected the unrebutted expert medical testimony from Claimant’s psychiatric medical expert.
This Decision emphasizes the trend by the Court and legislature to closely evaluate mental/mental claims of first responders. In particular, the Workers’ Compensation Judge must consider the totality of the traumatic event rather than reviewing isolated incidents. This Decision, along with the Section 301(g) Amendment to the Workers’ Compensation Act, may result in increased litigation of PTSD claims by first responders. These cases are fact-specific and should be carefully analyzed by employers and insurance carriers with the assistance of experienced defense counsel.
For questions, please contact Lindsay S. Kift, Principal in Post & Schell's Workers' Compensation Department at 412-506-6361 or lkift@postschell.com, or the Post & Schell attorney with whom you normally consult.
About the Author
Lindsay S. Kift is a Principal in the Firm's Workers' Compensation Department. She defends employers, insurance carriers, and third-party administrators across the state of Pennsylvania. Ms. Kift has extensive experience litigating cases before Pennsylvania Workers' Compensation Judges, the Workers' Compensation Appeal Board, and the Commonwealth Court of Pennsylvania.