(Uncompensable) Nightmare at Work

February 23rd, 2010 by

In December we blogged the horrendous case of Carla Nash, a lovely woman who was mauled by a chimpanzee owned by Sandra Herold, a friend. The 200 pound chimp literally ripped her face apart. Nash, who lacks health insurance, has been hospitalized for over a year at the Cleveland Clinic. The attack destroyed her vision and rendered her face unrecognizable (and unviewable). Doctors have determined that she is not ready for a facial transplant. She has sued Herold for $50 million. Her medical bills will easily run to 7 figures; who will pay has yet to be determined.In our prior blog, we noted that Herold was trying to limit the exposure to her workers comp policy.
A little lost in Nash’s tragedy is the fate of Frank Chiafari, the Stamford, Connecticut police officer who came to Nash’s aid. The raging, blood-covered chimp approached Chiafari’s cruiser, tore off the mirror, ripped open the door and tried to attack the policeman. Chiafari shot and killed the chimp.
In the weeks and months following the incident, Chiafari suffered from post-traumatic stress disorder (PTSD); he experienced anxiety, flashbacks, mood swings and nightmares. He underwent counseling. (It’s not clear how much time, if any, he was away from work.) Chiafari’s workers comp claim was denied: under Connecticut law, public safety officers are eligible for PTSD benefits only when they shoot people – not animals.
Compensating for the Uncompensated
The good news is that Stamford has been covering Chiafari’s medical bills, although they did require him to switch to a therapist of the city’s choosing. The even better news is that Chiafari has literally been working his way through this work-related nightmare. He is still on the job.
There is movement in the Connecticut legislature to amend the workers comp statute so that public safety officers are covered for PTSD resulting from the use of deadly force involving animals. As is so often the case, the law will be adjusted long after the incident that exposed the gap in coverage. Fortunately for officer Chiafari, the city, despite the comp denial, recognized the legitimacy of his claim and paid for the needed counseling. They did the right thing for an officer who did the right thing. Nothing will erase the horrible images from that fateful day last February. But life for Chiafari can go on in all its ordinary splendor – more than we can say, alas, for the ill-fated Carla Nash.

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