An off-duty police officer working as a security guard for the Fayette Mall was involved in a confrontation with a suicidal suspect. The officer shot and killed the suspect without any physical contact or any physical injuries. The officer later alleged that the incident caused him to suffer from post-traumatic stress disorder, and that he could no longer work in law enforcement. He filed a Workers Compensation claim against the mall as his employer. According to his testimony, the PTSD was the result of his attempt to save the life of the suspect after shooting him. The prominent owner of the mall sought the experience of MGM in defending against the officer’s workers compensation claim. The Administrative Law Judge ruled in favor of the mall owner. However, the Court of Appeals decided to change the law with this case. A divided Supreme Court affirmed this change in the law. MGM advocated that the Court of Appeals had neglected the findings of the Administrative Law Judge and misapplied the relevant case law because Kentucky law requires physical contact to establish an award for mental injury. MGM asserted that KRS 342.0011(1) requires a mental injury to directly result from a physical injury suffered by the claimant and not simply from a physically traumatic event.
