Diaz v. The Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120294WC
Decision Date: 
April 8, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
STEWART
Holding: 
Reversed and remanded.
Village patrol officer filed for workers' compensation benefits for PTSD from extended standoff with person who appeared to be armed with a handgun, and aimed it at officer, when officer responded to a call of disturbance between neighbors. Officer was exposed to risk which arose out of and in the course of his employment, and officer did not realize until later that gun was probably a toy gun. Whether a worker has suffered emotional shock sufficient to warrant recovery should be determined by an objective, reasonable-person standard, rather than a subjective standard that takes into account the claimant's occupation and training. (HOLDRIDGE, HOFFMAN, and HUDSON, concurring; TURNER, dissenting.)