City of Tucson v. Industrial Commission of Arizona - Memo Decision - Arizona Court of Appeals - January 27, 2025
- Christopher S. Norton, Esq.
- Jan 30
- 2 min read
Facts:
Christopher Mercer, a paramedic with the Tucson Fire Department since 2008, began experiencing mental health issues in 2017, including temper regulation problems and frustration.
He sought treatment from Dr. Patricia Haynes, who diagnosed him with alcohol use disorder but not PTSD.
In April 2022, after a traumatic incident at a music festival, Mercer attempted suicide and was subsequently diagnosed with PTSD during inpatient treatment.
He filed a workers' compensation claim in July 2022, which the City of Tucson and its insurance carrier, Tristar Risk Management, denied, arguing it was not timely filed.
The ALJ found the claim timely and compensable, and the City sought review.
Issue(s):
Did Mercer timely file his workers' compensation claim for PTSD?
When did Mercer's compensable injury manifest, starting the statute of limitations?
Holding:
The Arizona Court of Appeals affirmed the ALJ's decision, concluding that Mercer's claim was timely filed.
The court determined that Mercer did not recognize the nature and seriousness of his injury, nor its probable causal relationship to his employment, until his PTSD diagnosis in April 2022.
Key Takeaways:
Timeliness of Filing: A workers' compensation claim must be filed within one year after the injury becomes manifest or when the claimant knows or should know they have sustained a compensable injury.
Recognition of Injury: The court emphasized that the recognition of the injury's nature, seriousness, and its connection to employment is crucial in determining the start of the statute of limitations.
Complexity of PTSD Diagnosis: The court acknowledged the complexity of diagnosing PTSD and the potential for delayed expression of symptoms, which can span months or years.
Burden of Proof: The party opposing the claim's timeliness must produce evidence showing when the claimant knew or should have known about the compensable injury.
Deference to ALJ's Findings: The court deferred to the ALJ's factual findings and credibility determinations, supporting the conclusion that Mercer did not have sufficient knowledge of his compensable injury until his formal PTSD diagnosis in 2022.
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