In re Claim of Jasso, 111618 COWC, 5-057-876-01

Case DateNovember 16, 2018
CourtColorado
IN THE MATTER OF THE CLAIM OF: LUKE JASSO, Claimant,
v.
CITY OF LITTLETON a/k/a LITTLETON FIRE AND RESCUE, Employer,
and
CCMSI, Insurer, Respondents.
W.C. No. 5-057-876-01
Colorado Workers Compensation
Industrial Claim Appeals Office
November 16, 2018
          LAW OFFICE OF OTOOLE & SBARBARO PC, Attn: NEIL D OTOOLE ESQ, (For Claimant)           NATHAN DUMM & MAYER PC, Attn: BERNARD WOESSNER ESQ, C/O: KAITLIN AKERS ESQ, (For Respondents)           FINAL ORDER          The respondents seek review of an order of Administrative Law Judge Felter (ALJ) dated March 29, 2018, that awarded the claimant temporary benefits and mental impairment benefits for post-traumatic stress disorder (PTSD). We affirm.          This matter went to hearing on the following issues: (1) whether the claimant sustained a compensable mental impairment claim under §8-41-301, C.R.S.; (2) if compensable, whether the claimant is entitled to ongoing temporary total disability (TTD) benefits from September 19, 2017, ongoing; (3) whether the claimant is at fault for the termination of his employment effective January 25, 2018; and (4) whether Janet Ruby, is an authorized provider.          After the hearing, the ALJ found that the claimant had been a firefighter for approximately 16 years and had been a Lieutenant Paramedic Firefighter for the respondent employer for the last 11 years. The claimant's essential duties and responsibilities for the respondent employer were extensive and included the following: supervising station personnel; "planning, directing, and supervising the work activities of subordinates; evaluating and reviewing the work products and work performance of subordinates, making recommendations on disciplinary actions; and assisting in the training and professional development of subordinate employees." The claimant also was responsible for proctoring and providing training for EMS students assigned to his station.          Prior to filing his mental impairment claim, the claimant had been experiencing increasingly significant psychological problems impacting his ability to function in his job. These symptoms caused anxiety and affected the claimant's leadership, his ability to train younger firefighters, and his concentration.          After the claimant submitted his mental impairment claim, the respondents referred him to Dr. Ritzer for evaluation and treatment. He first saw Dr. Ritzer on September 27, 2017. The claimant reported that about a month prior to September 27, he had responded to an incident where a 20-year-old female was found hanging in the woods. Additionally, in December 2016 and January 2017, the claimant had responded to two graphic suicides of middle-aged men, one of which was a gunshot to the face. Dr. Ritzer also referenced the claimant's exposure to a pilot being burned alive following a small plane crash as being a traumatic experience. The claimant's symptoms included nightmares, wakening up terrified, panic attacks and numbness and tingling in both extremities. Dr. Ritzer opined that the claimant's symptoms were consistent with a work place mental impairment of PTSD and anxiety. Dr. Ritzer took the claimant off work. She referred the claimant to Dr. Gutterman, a Level II accredited and board certified psychiatrist.          The claimant first saw Dr. Gutterman on October 4, 2017. Dr. Gutterman documented the claimant's symptoms of anxiety, racing heart, nightmares, and hypervigilance. He noted these symptoms had increased over the prior three years following numerous traumatic incidents the claimant had witnessed at work. Dr. Gutterman further noted the claimant was unable to sleep and that the claimant was a zombie although he tried to sleep as best as possible. According to the claimant, he had been suffering a disintegration of his personality and not functioning well at work. He understood his need for psychological intervention when he filed his workers' compensation claim on September 17, 2017.          During his evaluation of the claimant, Dr. Gutterman stated the claimant had demonstrated anxiety when speaking about traumatic incidents to which he had responded as a firefighter in the recent past. Dr. Gutterman concluded that the claimant was experiencing symptoms consistent with PTSD, and was continuing to suffer anxiety, panic attacks, hypervigilance, nightmares, and intrusive memories of the traumatic incidents and scenes he had responded to as a firefighter. Dr. Gutterman prescribed medications.          By November 14, 2017, Dr. Gutterman reported the claimant had been more stable with less anxiety having been away from work and his sleep had improved, although his nightmares continued. At that point, Dr. Gutterman suggested the claimant undergo Eye Movement Disintegration Resource (EMDR). The claimant was referred to Janet Ruby for the EMDR treatment. Dr. Ritzer concurred in this recommendation and agreed that the claimant see Ms. Ruby for the EMDR treatment.          When the claimant saw Dr. Ritzer on January 3, 2018, the claimant was continuing to experience nightmares and waking up terrified. This was accompanied by panic attacks, palpations, as well as numbness and tingling in both extremities. Dr. Ritzer stated that the claimant had suffered a "syncopal episode" when he struck his head leaning forward in the middle of the night some weeks before the visit.          The respondent employer terminated the claimant effective January 25, 2018. The respondent employer asserted that the claimant inappropriately cancelled a Fit for Duty...

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