City of Norfolk v. Royce Munker
1058171
| Va. Ct. App. | Jan 9, 2018Background
- Royce Munker, a long‑time City of Norfolk firefighter/paramedic (later fire inspector), sought workers’ compensation after developing PTSD following an announced reassignment to paramedic duty.
- Over 17–18 years he responded to numerous traumatic calls (decomposing bodies, shootings, threats, deliveries of traumatic births) and twice assisted in post‑Hurricane Katrina relief (one DMAT deployment paid by federal government).
- Mental‑health providers (a licensed clinical social worker and a psychiatrist) diagnosed PTSD and opined the condition was proximately caused by cumulative work‑related traumas rather than non‑work stressors.
- The deputy commissioner found PTSD but denied compensation, concluding claimant failed to prove the disease did not result from exposures outside employment (including non‑work traumas and Katrina service).
- The full Workers’ Compensation Commission reversed, treating claimant’s PTSD as an occupational disease under Va. Code § 65.2‑400, relying on the providers’ opinions and concluding the Katrina traumas were intimately related to his paramedic duties.
- The Court of Appeals reversed and remanded, holding the Commission must make a factual finding whether the Katrina relief work constituted the same “work or process” (i.e., part of his employment exposure) under the Godbey definition of “employment.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claimant’s PTSD is an occupational disease under Va. Code § 65.2‑400 | PTSD arose from cumulative, work‑related traumatic exposures during his firefighter/paramedic career (providers’ opinions) | PTSD results in part from substantial non‑work exposures (family/childhood traumas and Katrina service outside City employment), so not compensable | Court reversed Commission and remanded for factual finding whether Katrina relief work was the same “work or process” as his employment; expert opinions on work causation are credible but Katrina service must be assessed as "employment" under Godbey |
Key Cases Cited
- Fairfax Cty. Fire & Rescue Dep’t v. Mottram, 263 Va. 365 (2002) (PTSD can be compensable as occupational disease; relationship between job and trauma may suffice)
- Pocahontas Fuel Co. v. Godbey, 192 Va. 845 (1951) ("employment" for occupational‑disease analysis refers to the work or process engaged in, not merely the contractual employer relationship)
- Artis v. Ottenberg’s Bakers, Inc., 45 Va. App. 72 (2005) (appellate review treats Commission’s factual findings in the light most favorable to prevailing party)
- A New Leaf, Inc. v. Webb, 257 Va. 190 (1999) (claimant must prove by a preponderance either injury by accident or occupational disease)
- Wagner Enters., Inc. v. Brooks, 12 Va. App. 890 (1991) (contrary evidence does not overturn Commission findings if credible evidence supports them)