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An important Lodge victory in protecting officers with PTSD
Post-traumatic stress disorder (PTSD) is a serious, disabling condition that can affect anyone. Al- though often associated with military person-
nel while in combat, Police Officers are often diagnosed with PTSD as well.
Policing, especially in today’s climate, is
a complex and stressful profession, one that
most people cannot understand. While civil-
ians often run away from danger, Police Offi-
cers are required to run toward danger and confront
it — to serve and protect.
Currently, there are nearly one million sworn law enforcement
officers in the U.S. As reported in Psychology Today, according to some studies, nearly 19 percent of officers may have PTSD. Other studies suggest that approximately 34 percent of officers may suffer symptoms associated with PTSD but do not meet the standards for the full diagnosis. Symptoms may include physi- cal, cognitive and/or behavioral symptoms. Early diagnosis and treatment are imperative to recovery.
Not surprisingly, the City of Chicago often refuses to accept responsibility for traumatic injuries caused by a Police Officer’s job, forcing rank-and-file officers to obtain medical treatment through their own insurance and to use their own medical time to recover. One way to challenge the City’s denial is for the Lodge to pursue a medical grievance under the parties’ collective bar- gaining agreement. Medical grievances fall under a separate sec- tion of the contract and follow a somewhat different track than
regular contract grievances before going to arbitration. The most significant difference is the requirement that such grievanc- es be mediated first, to see if the matter can be resolved without the need for formal arbitration. If the matter is not resolved at mediation, then the grievance will be
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Labor Report
submitted to arbitration.
Medical grievances often involve Article 18 (Disability
Income), which states as follows: Section 18.1 - I.O.D.
Any Officer absent from work on account of injury on duty (I.O.D.) for any period of time not exceeding twelve (12) months shall receive for each such I.O.D. full pay and benefits for the period of absence, provided such injury or illness is certified by the Medical Services Section. Such certification shall not be unreasonably withheld.
Often, the FOP and the City disagree on whether certification of an IOD is “unreasonably withheld.”
In a recent arbitration hearing conducted by one of my part- ners, Catherine Chapman, the FOP prevailed in a significant case related to whether the refusal of the City’s Committee on Finance to recognize an officer’s PTSD as an IOD was unreasonable. After a full hearing, the arbitrator addressed two significant issues re- lated to the committee’s review of IOD claims: (1) its limited and incomplete review of available information and (2) its failure to acknowledge the harm caused by the unique stresses that many Chicago Police Officers face.
18 CHICAGO LODGE 7 ■ JUNE 2018