Sheppard v. City of Gainesville Police Dept., BJ-68

• Decision Date: 10 June 1986
• Docket Number: No. BJ-68,BJ-68
• Citation: 490 So.2d 972,11 Fla. L. Weekly 1303
• Parties: 11 Fla. L. Weekly 1303 Wilmon N. SHEPPARD, Appellant, v. CITY OF GAINESVILLE POLICE DEPARTMENT and Crawford & Company, Appellees.
• Court: Florida District Court of Appeals

Page 972

490 So.2d 972

11 Fla. L. Weekly 1303

Wilmon N. SHEPPARD, Appellant, v. CITY OF GAINESVILLE POLICE DEPARTMENT and Crawford & Company, Appellees.

No. BJ-68.

District Court of Appeal of Florida First District.

June 10, 1986.

Barry D. Graves, of Ritch & Graves, P.A., Gainesville, for appellant.

Jack A. Langdon, of Jack A. Langdon, P.A., Gainesville, for appellees.

WIGGINTON, Judge.

This workers' compensation appeal is from the deputy commissioner's order denying a claim for benefits on the basis that there was no compensable injury. Appellant Sheppard challenges the deputy commissioner's finding that claimant's psychiatric disability resulted from fright or excitement only and that there was a failure of proof of actual physical injury. We agree with claimant and remand for further consideration.

In September, 1972, while in the course of his employment as a Gainesville policeman, claimant was required to take another man's life in order to save a fellow officer. Following that incident claimant returned to work and ultimately to the road patrol as a sergeant. He experienced a preoccupation with recalls of the incident and suffered disorienting periods of disassociation. He continually feared that he would have to face another situation in which he might have to shoot someone.

On August 10, 1984, claimant was dispatched to the scene of an accident involving a bicyclist. According to claimant, the victim was lying on the ground apparently stunned or unconscious. As claimant bent over him to render aid, the victim suddenly became combative, came off the ground and lurched sideways toward claimant in a violent manner. Claimant put up his hands to defend himself and catch the victim who grabbed claimant on his upper right arm and snatched his shoulder. Claimant further testified that the victim had a piece of flesh torn from his head, blood was pouring out, and his eyes were big like the man claimant had killed in 1972. Claimant had a flashback of that incident and wondered if he was going to have to kill this man also. Claimant went on with his duties to assist Officer Johnson and the ambulance personnel in subduing the man, wrestling him to the ground, and ultimately tying him up with gauze so he could be placed on the stretcher.

Claimant broke down following the incident and felt sick. The place on claimant's arm where the man grabbed him allegedly became blue and bruised. Claimant and his wife testified that the bruises lasted for several days, although claimant did not consider the injury to his arm to be significant and sought no medical treatment.

Officer Johnson testified that he was first on the scene closely followed by the ambulance people and claimant, who was the backup officer. They discovered that the victim was intoxicated, had fallen off his bicycle into the roadway but had not been struck by a car. He was erratic and started cursing and spitting at the ambulance personnel. The officers moved the victim from the roadway onto the shoulder where they laid him down. The officers assisted in attempts to put the individual on the stretcher, but he came to his feet, stood up, and attempted to walk away. The victim continued to try to push the officers out of the way so that he could leave. The officers found they had to hold the victim's arms in order that he be restrained and were required to assist in holding the victim down while he was being strapped onto the stretcher.

Johnson testified that he did not ever see the victim grab claimant and maintained that he was watching all the time. Officer Johnson also explained that the man never physically struck either one of the officers but that he was only pushing away. Johnson testified that after the incident claimant "appeared to have some kind of change that came over him."

Claimant returned to relaxed duty with the Gainesville Police Department until he subsequently suffered a breakdown and could not go to work. He sought medical advice from Dr. Charles T. Fletcher, who neither recalled nor recorded any complaints of anything to do with physical injury to claimant's right arm or shoulder. The only history obtained from claimant was of the earlier 1972 incident. Claimant was referred by Dr. Fletcher to Dr. Asa Godbey, a psychiatrist, who was of the opinion that claimant suffers from a post traumatic stress disorder which includes permanent elements of anxiety and depression. Claimant remains under the treatment of Dr. Godbey.

Dr. Godbey's opinion was that within reasonable medical probability, the incident of August 10, 1984, exacerbated the preexisting psychiatric condition and that this exacerbation caused the present disability. Dr. Godbey then was questioned concerning the cause of the aggravation and he testified as follows:

Question: Now, you indicated that in the history that he gave you that this man, relating to the August '84 episode, grabbed him and stared at...