Brunell v. Wildwood Crest Police Department

822 A.2d 576 (2003)

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Brunell v. Wildwood Crest Police Department

New Jersey Supreme Court
822 A.2d 576 (2003)

Facts

Diana Brunell (plaintiff) worked as a dispatcher for the Wildwood Crest Police Department (defendant). On June 2, 1995, Brunell dispatched an officer to a vehicle stop where a conflict ensued and the officer was killed. In 1999, Brunell was diagnosed with post-traumatic stress disorder (PTSD) as a direct result of her involvement in the events leading to the officer’s death. In January 2000, Brunell filed a claim for workers’-compensation benefits, which was denied. Samuel Stango (plaintiff) was an officer with the Lower Township Police Department (defendant). On February 18, 1994, Stango and another officer responded to a domestic dispute, and Stango witnessed the immediate aftermath of the other officer’s shooting death. In February 2000, a balloon that Stango was holding for a birthday party popped and triggered a traumatic flashback to the 1994 incident. In April 2000, Stango filed a claim for workers’-compensation benefits based on PTSD, which was denied. The cases of Brunell and Stango (the claimants) were consolidated, and the judge of compensation dismissed both for failure to file timely claims. The appellate court affirmed on the grounds that the claimants’ PTSD was a compensable “accident” triggering the two-year statute of limitations at the time of the traumatic event, rather than an occupational disease that would delay the limitations period. The claimants appealed.

Rule of Law

Issue

Holding and Reasoning (Long, J.)

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