Robert Dahman v. City of Clinton

(Affirming Award and Decision of Administrative Law Judge)

**Injury No.:** 17-090567

**Employee:** Robert P. Dahman

**Employer:** City of Clinton

**Insurer:** Missouri Rural Services Workers' Compensation Insurance Trust

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by § 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Law. Pursuant to § 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated March 14, 2022. The award and decision of Administrative Law Judge Mark S. Siedlik, issued March 14, 2022, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this 30th day of September 2022.

**LABOR AND INDUSTRIAL RELATIONS COMMISSION**

Rodney J. Campbell, Chairman

Shalonn K. Curls, Member

**VACANT**

Member

**Attest:**

Secretary

3315 WEST TRUMAN BLVD, P.O. BOX 58 JEFFERSON CITY, MO 65102 PHONE: (800) 775-2667

www. labor.mo.gov/DWC

MARCH 14, 2022

Scan Copy


\#Innures Attorney: JEFFREY T ADAMS 206 SOUTH BAIRD PO BOX 226 CLINTON, MO 64735

*Insurer . . . . MISSOURI RURAL SERVICES WORKER 133187815 c/o CANNON COCHRAN MANAGEMENT SER 133 S 11TH ST STE 430 ST LOUIS, MO 63102-1135

\# Denotes that the Division sent a copy of the Award by electronic mail to the email address that the party provided. The Certificate of Service for this document is maintained in the Division's records.

Enclosed is a copy of the Award on Hearing made in the above case.

Under the provisions of the Missouri Workers' Compensation Law, an Application for Review of the decision of the Administrative Law Judge may be made to the Missouri Labor and Industrial Relations Commission within twenty (20) days of the above date. If you wish to request a review by the Commission, application may be made by completing an Application for Review Form (MOIC-2567). The Application for Review should be sent directly to the Commission at the following address:

Labor and Industrial Relations Commission

PO Box 599

Jefferson City, MO 65102-0599

If an Application for Review (MOIC-2567) is not postmarked or received within twenty (20) days of the above date, the enclosed award becomes final and no appeal may be made to the Commission or to the courts.

Please reference the above Injury Number in any correspondence with the Division or Commission.

DIVISION OF WORKERS' COMPENSATION

Please visit our website at www.labor.mo.gov/DWC

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

Dependents: N/A

Employer: City of Clinton

Insurer: Missouri Rural Services Workers' Compensation Insurance Trust

Additional Party: N/A

Hearing Date: December 14, 2021 Checked by: MSS/lh

1. Are any benefits awarded herein? Yes
2. Was the injury or occupational disease compensable under Chapter 287? Yes
3. Was there an accident or incident of occupational disease under law? Yes
4. Date of accident or onset of occupational disease: August 6, 2017
5. State location where accident occurred or occupational disease was contracted: Henry County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? Yes
9. Was claim for compensation filed within time required? Yes
10. Was employer insured by above insurer? Yes
11. Describe work employee was doing and how accident occurred, or occupational disease contracted: Employee was responding to the scene of an officer related shooting
12. Did accident or occupational disease cause death? No Date of death? N/A
13. Part(s) of body injured by accident or occupational disease: Psychological and mental injury
14. Nature and extent of any permanent disability: 10% of the body as a whole
15. Compensation paid to-date for temporary disability: None
16. Value necessary medical aid paid to date by employer/insurer? $5,394.50

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

1. Value necessary medical aid not furnished by employer/insurer? None

1. Employee's average weekly wages: 764.00

1. Weekly compensation rate: 483.48/483.48

1. Method wages computation: Earnings 13 weeks prior to injury

COMPENSATION PAYABLE

1. Amount of compensation payable from Employer: $19,339.20

1. Second Injury Fund liability: N/A

1. Future Medical Awarded: Yes, to treat psychological and mental injury in accordance with Chapter 287.

Said payments to begin immediately and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the Claimant shall be subject to a lien in the amount of 25 percent of all payments hereunder in favor of the following attorney for necessary legal services rendered to the Claimant: Jeffery T. Adams of Poague, Wall, Cox & Adams, LLC.

Employee: Robert P. Dahman

Injury No. 17-090567

Dependents: $\quad \mathrm{N} / \mathrm{A}$

Employer: City of Clinton

Insurer: Missouri Rural Services Workers' Compensation Insurance Trust

Additional Party: N/A

Hearing Date: December 14, 2021

Checked by: MSS/lh

On December 14, 2021, this case was tried in Kansas City, Missouri. Claimant Robert P. Dahman appeared in person and with attorney Jeffery T. Adams. The employer appeared in person and with its attorney Clinton D. Collier. Robert P. Dahman testified in person. Sheba Khalid, M.D., testified by deposition. Dale Halfaker, Ph.D., testified by deposition. The report and progress notes of William S. Logan, MD, were admitted. City of Clinton Police Chief Kevin Miller testified by deposition. City Administrator Christy Maggi testified in person.

Claimant presented proposed Findings of Fact and Rulings of Law on January 13, 2022.

The parties stipulated to the following:

1) That on August 6, 2017, Robert P. Dahman (Claimant) was an employee of City of Clinton (Employer)

2) The event occurred in Clinton, Henry County, Missouri

3) That the claim was filed within the time required by law

4) That the City of Clinton was operating subject to the provisions of the Missouri Workers' Compensation Law

5) That Missouri Rural Service Workers' Compensation Trust was the Insurer for the City of Clinton

6) That the Missouri Division of Workers' Compensation has jurisdiction and venue

7) That notice is not an issue

8) That Robert P. Dahman filed his Claim within the time prescribed by law

9) That Missouri Rural Service Workers' Compensation Trust paid medical expenses in the amount of $\ 5,394.50.

10) That no temporary disability benefits were paid

The parties agreed the issues to be resolved are as follows:

1) Causation

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

2) The nature and extent of Claimant's permanent partial disability

3) Future medical

On behalf of the Claimant and Employer and Insurer, the following exhibits were introduced into evidence:

- Claimant's Exhibit 1 - October 14, 2021 deposition of Sheba Khalid, M.D.

- Claimant's Exhibit 2 - October 11, 2021 deposition of Dale Halfaker, Ph.D.

- Claimant's Exhibit 3 - William S. Logan, M.D. Progress Notes

- Claimant's Exhibit 4 - William S. Logan, M.D. Evaluation dated February 27, 2019

- Claimant's Exhibit 5 - William S. Logan, M.D. CV

- Claimant's Exhibit 6 - November 19, 2018 deposition of Kevin Miller

- Employer's Exhibit A - October 14, 2021 deposition transcript of Dr. Khalid, M.D.

- Employer's Exhibit B - November 19, 2019 deposition transcript of Robert P. Dahman

Based on the exhibits and the testimony presented, the Court makes the following findings:

Robert P. Dahman (hereinafter Claimant) date of birth is August 14, 1978. On the date of injury on August 6, 2017, he was 38 years old. On the date of the hearing on December 14, 2021, he was 43 years old.

Claimant's background of employment was in construction prior to joining the City of Clinton Police Force in January 2011. The City of Clinton Police Force is a small force and very close knit. Claimant had an interest in becoming a policeman. His duties at the City of Clinton included on-the-road duties handling traffic tickets, investigating City of Clinton Ordinance violations, as well as securing the safety of the town. Upon hiring, he had to undergo psychological evaluations and had no issues in the testing or protocol and was hired.

On August 6, 2017, he was working as an officer for the City of Clinton. He had become friends with another officer, Gary Michael who was also on shift that night. They were working the midnight shift when Claimant heard a radio report from Gary Michael that shots had been fired and that an officer was down. This was around 10:30 PM.

Claimant happened to be at the City of Clinton Police Department about a mile or so away from the scene. He immediately responded and found Officer Gary Michael on the ground with another officer, Patrick Meeks, attending to Officer Michael. Officer Michael was still alive when Claimant arrived.

Officer Dahman was tasked with the duty of responding to where the suspect vehicle had apparently crashed after the shooting. At that time, it was unclear as to what weapon the suspect had used or his whereabouts.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

Officer Dahman went to the scene of the crash of the suspect vehicle. It was dark outside with very little lighting from the surrounding homes or streetlights. This was the first officer involved shooting in Clinton for as long as anyone can remember. It was the first officer shooting in which Officer Dahman had been involved.

Upon arrival at the scene, it was still unknown as to the location of the suspect though Claimant was now aware that the suspect had a rifle that had went through the protective gear of Officer Michael. Claimant feared for his safety as he had similar protective gear on. He felt that he was a sitting duck, and he was fearful that the shooter may fire at him and his life was in danger. He had to stay at the scene for most of the evening into the early morning to secure it. He later learned that evening that Officer Michael had passed away.

The City of Clinton took immediate measures to assist Officer Dahman and other officers. It called in the Johnson County, Kansas Crisis Team and counselor Kay White who works with the City of Clinton officers.

Claimant then sought treatment with his family physician Dr. Brian Bellamy located in Clinton, Missouri. He had issues following the event including fatigue, tightness in chest, anxiety, and lack of motivation. At times he would feel a sense of helplessness and worthlessness. He was easily startled whether at home or on the force. He had occasional crying spells and nightmares. He would avoid conversations about the event. It also impacted his social interactions when discussing his work on the force and impacted his relationships with others.

He was prescribed Celexa by Dr. Bellamy three to four days after the event and has been taking it since. Before taking the medication, he had issues with sweats, sleeplessness, tightness in chest, and anxiety which the medication assisted. It helps him handle his symptoms and he is concerned that lack of its use would impact his ability to handle his symptoms.

As a result of the event, Claimant testified that he left the City of Clinton to go to work for Henry County Mutual as an insurance adjuster. This event was the main factor in him leaving the City of Clinton. He has no intent to return to any police force because of the incident though he enjoyed the work and anticipated a long career.

Prior to the event, Claimant had other events in his life including responding to the death of a child as an officer and issues with alcohol use. He did not take any medication for anxiety, did not have any difficulties sleeping, or with other symptoms that he experienced following the event on August 6, 2017.

His employment ended with Henry County Mutual because he failed to show up to work on a number of occasions which he contributed in part to him still dealing with his symptoms from the August 6, 2017 event. During the course of Claimant's in person testimony, he became emotional on occasions when reliving the events of August 6, 2017.

Kevin Miller testified as Chief of the City of Clinton Police Department. At the time of his deposition, Clinton Police Department had 23 members for a town of approximately 9,000 residents. He described the police force as a close-knit group.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

He confirmed that Officer Dahman was employed at the City of Clinton from January 2011 until October 2017 when he left to take another job. One of the reasons that he left was from the events that occurred involving the officer shooting. There were no reports prior to August 6, 2017, that Claimant had any issues with stress or anxiety.

Chief Miller described the events of August 6, 2017, as Officer Gary Michael being involved in a traffic stop when he was shot and killed. Officer Dahman would have heard the radio traffic between Central Dispatch; that is, the 911 Center and Officer Michael. This was the first event during Chief Miller's time at the department that the City of Clinton had an officer related shooting. When Officer Dahman was responding, he would have been relayed information from Officer Meeks. He was told that Officer Michael had been shot through the vest, the suspect had a long rifle because the wound was through the vest. The type of vest provided to Officer Dahman would not have been resistant to this type of fire power and Officer Dahman would have been instructed to be careful in this case if the suspect came back around.

At the time that Officer Dahman responded, it would have been unknown about how many suspects were involved. The suspect was later identified as Ian McCarthy and a manhunt was underway. During the course of the manhunt, Officer Dahman would have been advised that Officer Michael passed away. The manhunt lasted two to three days. Chief Miller described this event as an extraordinary event for the City of Clinton Police Department. The news media came to the City of Clinton to cover the event. The criminal case is still pending, and Officer Dahman is a witness.

Chief Miller assisted with having counselor Kay White come for the mental wellbeing of the officers and the department as a whole. Chief Miller had discussions with Officer Dahman as they were both struggling with the officer shooting and were acting as support for each other. Claimant related anxiety, nightmares, trouble sleeping, and increased use of alcohol. Chief Miller was struggling as were other officers on the force. Chief Miller noticed that Claimant was not as happy and he was not the same. During the course of Chief Miller's deposition, a break had to be taken because he was emotional in reliving the events of Officer Michael's shooting.

Claimant was referred by the City of Clinton for psychiatric examination to Dr. Logan. Claimant reported to Dr. Logan that he had an earlier life event in 2014 involving the death of a three-month-old child while on the force. Claimant's background included being a poor reader though he is not diagnosed with a learning disability or ADHD. After graduation he worked various construction jobs until age 32 when he went through the Police Academy in 2009. At the time of the evaluation, Claimant was married to Emilee. He reported excessive beer consumption which began after a traumatic work incident involving the death of a child. His alcohol consumption continued to increase after the August 6, 2017, incident. He would consume 12 or more beers per night. Dr. Logan did not find any reports of mental health treatment for Claimant prior to August 6, 2017.

Dr. Logan noted following the incident, a Response to Briefing Team came from Johnson County and arrived and mentioned a group of five symptoms. It included nightmares, decreased sleep, panic feelings and anxiety. Claimant had all of the symptoms. He then saw Kay White on

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

one occasion before seeking treatment with his primary physician, Dr. Bellamy, who prescribed Celexa and Lorazepam as needed for panic. On a return visit to Dr. Bellamy, his anxiety was better and the Lorazepam was discontinued while Celexa was increased to 20mg a day. At the time of the evaluation, Claimant stated he continues to have recurring dreams in which he is fighting a suspect. He estimates those occur twice a week. His sleep is poor. He has recurrent attacks of anxiety with shortness of breath and chest pain. At times he feels like he is having a heart attack. These episodes may last 15 to 20 minutes.

Dr. Logan described that Claimant is having underlining depressed mode with symptoms of fatigue. Dr. Logan diagnosed Claimant with Posttraumatic Stress Disorder, Major Depression, mild, and Alcohol Use Disorder. Dr. Logan's opinion is that the August 6, 2017 event did rise to the level of extraordinary and unusual mental stress for the following reasons:

- As compared to an officer's death in a large department, the Clinton Police Department was a small organization where the officers were well known to each other, worked as a team, and had personal relationships both inside and outside of work.

- This is the first officer death in the department.

- The current Diagnostic Manual (DSM-5) recognizes PTSD in those repeatedly exposed to adverse details of traumatic events. One example is police officers.

- The traumatic death of a child in 2014 which resulted in a threat to Claimant's personal safety was an additive factor in the development of his PTSD.

- In the August 6, 2017 event, Claimant was exposed to potentially lethal fire from the suspect.

- PTSD can also occur on learning that a traumatic event occurred to a close friend such as the relationship Claimant had with Officer Michael.

Dr. Logan believes that medication can lessen the length and severity of PTSD symptoms. Agents utilized include antidepressants, usually in higher doses than Celexa 20mg a day, anxiety agents such as Buspar to lower anxiety, Benzodiazepine to shorten panic attacks, and Prazosin, which can lower the frequency and the intensity of nightmares. Dr. Logan at that time indicated that Claimant had not reached MMI. He opined that if no treatment was provided, he would rate Claimant with a permanent partial disability of 10 percent of the body as a whole from the 08/6/2017 event.

At the request of Claimant's attorney, he was examined by Dr. Dale Halfaker, a licensed psychologist since 1988. He received a PhD in Counseling Psychology from the University of Missouri. He currently works as a full-time Neuropsychologist for Burrell Behavior Health. He has experience in officer related shootings, as he has done that work for the City of Springfield to determine whether officers have convincible injuries.

Dr. Halfaker described anxiety as a sense of worry, dread, insecurity, upset, nervousness that is troubling to the individual that makes it difficult for them to relax, can make them irritable, give them trouble with sleep, may cause problems with attention and concentration, and their ability to concentrate and remember. So it impacts their ability not only to just be comfortable with themselves and others but also their ability to work and carry on daily activities as often

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

people avoid situations that make them anxious. Dr. Halfaker described PTSD as a trauma disorder that arises from the face of some kind of traumatic stressor. The DSM-5, which is the Diagnostic and Statistical Manual of Mental Disorders, discusses the kind of stressors that cause Posttraumatic Stress. Instead, it is typically involving part of oneself, seeing someone witness someone experience significant disruption of their physical integrity or being put in harm's way either because of some man-made force or even a natural force or disaster.

Dr. Halfaker placed a restriction on Claimant not to return to law enforcement. He feels that Claimant is not able to tolerate being back in that environment. He has lost that sense of personal invulnerability, so he now feels unsafe when he is in that law enforcement situation and Dr. Halfaker believes it would be detrimental to his mental health to return. Dr. Halfaker believes the event of August 6, 2017, and the stress that it caused was both extraordinary and unusual. Some of the objective standards that Dr. Halfaker found was that Claimant was in the dark, lit up standing by the car knowing that the person had a rifle, knowing that the suspect had already killed one police officer so why would he have second thoughts about perhaps killing another.

Claimant explained to Dr. Halfaker that he thought his life was in danger on the night of the event. Claimant reported the day after the event he could not sleep. He was surviving on caffeine and energy drinks. If he did go to sleep, he would wake up in a cold sweat. It was difficult for him to talk about the event. He now avoids media with violent content. He is not able to tolerate horror movies that he used to like to watch. Anything police related creates anxiety for him and makes his symptoms worse. He has suffered with an exaggerated startled response. Celexa has improved these symptoms. Claimant is not delusional or suicidal. Based upon Dr. Halfaker's experience, it would not surprise him that a police officer would have this type of reaction to this specific event.

On testing, Claimant was positive for the presence of loss of interest or enjoyment, irritability/anger, agitation, anxiety, somatic complaints, disordered sleep, memory, alienation from others and alcohol use. He has found it somewhat difficult to do his work, take care of things at home, or get along with other people. Dr. Halfaker's opinion was a diagnosis of Posttraumatic Stress Disorder with Panic rising prevailingly from the August 6, 2017 incident. He also finds that Claimant could still benefit from treatment to maintain his current level of functioning. That would include a psychiatrist to prescribe the appropriate medication and counseling. He is concerned that without medication that he would suffer deterioration in his level of functioning, and one might seek greater reliance on alcohol. Dr. Halfaker diagnosed Claimant with 10 to 14% disability of the body as a whole.

Finally, at the request of the City of Clinton, based upon Dr. Logan's retirement, Claimant was referred to Dr. Sheba Khalid for evaluation and treatment. Dr. Khalid is a psychiatrist employed in Overland Park, Kansas with Johnson County Psychiatry, LLC. She received her psychiatrist training at the University of Missouri in Kansas City, Missouri. Her psychiatric practice is seeing patients that range from 13 to 90 years old with different psychiatric issues. She has treated patients for PTSD and been involved in evaluations for workers' compensation injuries for about 15 years.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

Injury No. 17-090567

She first saw Claimant on June 15, 2020, by Zoom because of COVID limitations. In addition to relaying the events of August 6, 2017, Claimant also discussed an event in March 2018 where another officer was shot after he had left the department. Dr. Khalid did not find any evidence of depression or anxiety prior to August 2017. By the Zoom video Dr. Khalid conducted a mental status examination and found Claimant to have no acute distress, cooperative, forthcoming, good eye contact, no agitation or retardation, alert, oriented, goal-directed speech, mood with appropriate affect. She did not find any visible signs of anxiety or suicidal ideation.

After review of his records, the interview of Claimant, and the mental status examination, Dr. Khalid diagnosed Claimant with Posttraumatic Stress Disorder with a good response to treatment but still with residual symptoms. She felt the prevailing factor for the Posttraumatic Stress Disorder was the injury of August 6, 2017. She also agreed with Dr. Logan and Dr. Halfaker that the stress was both extraordinary and unusual. She recommended 12 to 16 sessions of psychotherapy which could help with maintaining his anxiety and also with his alcohol use.

There was then a delay in contact between Claimant and Dr. Khalid. Another phone call took place in June 2021 whereby Claimant explained the reason for the delay was he could not take off enough time from work for his new employer especially given the distance between Clinton and Overland Park. Claimant explained he was still getting medication from his primary care physician, Dr. Bellamy. Claimant reported that his drinking had decreased between the visits. Dr. Khalid did find that from the psychiatric standpoint she does not believe that Claimant has a disability. She does not believe that Claimant was in need of future psychiatric treatment. Dr. Khalid believes the treatment of alcohol use would help Claimant deal with Posttraumatic Stress Disorder. Dr. Khalid is not aware of any document that advised Claimant to stop taking Celexa.

Dr. Khalid diagnosed Claimant with mild symptoms from Posttraumatic Stress Disorder, but agreed that certain symptoms may not appear until three years after an event. Dr. Khalid agrees that leaving the police force and avoidance of being a police officer in the future is a symptom of Posttraumatic Stress Disorder. Dr. Khalid believes that his change in employment, avoidance of social situations, avoidance of talking about the event, and not wanting to be a police officer is not an impairment. Dr. Khalid does agree that Posttraumatic Stress Disorder symptoms can be avoidance of a situation, negative changes or thinking in mood about a situation, lack of interest in activities, always being on guard for danger, trouble sleeping, guilt or shame. Dr. Khalid's opinion is Claimant is not disabled from a psychiatric standpoint.

The City of Clinton called the City Administrator, Christy Maggi. Mrs. Maggi testified that she was not aware of any Workers' Compensation claims filed other than Claimant's related to the August 6, 2017 event. The City of Clinton did provide services for the officers for their wellbeing and health by Kay White and a Response Crisis Team. She also coordinated the funeral procession for Officer Michael and the response of the City of Clinton.

The nature and extent of injury Robert P. Dahman snffered on August 6, 2017 arising out of and in the course of his employment:

I find the testimony of Robert P. Dahman to be credible. The claimant does have the burden of proving all elements of a claim to a reasonable probability. ${ }^{1} Proof is made by competent substantial evidence and not merely on speculation. { }^{2}$ In regards to Claimant's medical condition and causation related to partial disability, such causation is not within the lay understanding or experience and thus requires medical experts and testimony. ${ }^{3}$

In this case Dr. Logan, Dr. Halfaker and Dr. Khalid all agree that Robert. P. Dahman suffered extraordinary and unusual stress rising from the event of August 6, 2017. All agree that he suffered Posttraumatic Stress Disorder and as a result he left his employment, and that he is no longer able and it would not be advisable for him to return to law enforcement. Dr. Bellamy has treated Claimant since the event and continued to prescribe him Celexa.

To make a recovery for a mental injury, the Claimant must meet the requirements of the Missouri Revised Statute 287.120.8 which states that:

(a) Mental injury resulting from work-related stress does not arise out of and in the course of the employment, unless it is demonstrated that the stress is work related and was extraordinary and unusual. The amount of work stress shall be measured by objective standards and actual events.

An objective standard is "A legal standard that is based on conduct to perceptions external to a particular person." Black's Law Dictionary 1624 ( $10^{\text {th }}$ ed. 2014) An objective standard contrasts with the subjective standard which is defined as "A legal standard that is peculiar to a particular person and based on the person's individual views and experiences." Id. Therefore, the objective standard for determining whether Robert P. Dahman's stress was compensable is whether the same or similar actual work events would cause a police officer extraordinary and unusual stress. ${ }^{4}$ The Claimant must demonstrate the actual events he experienced were such that a reasonable policeman would experience extraordinary and unusual stress. ${ }^{4}$

Considering the testimony of Chief Kevin Miller, Christy Maggi, Robert P. Dahman as well as Dale Halfaker's experiences treating workers with the City of Springfield Police Department, Robert P. Dahman showed by objective standards that his work-related stress was both extraordinary and unusual and meets the requirements of Missouri Revised Statute 287.120.8. Despite the contention of the City of Clinton that police officers' shootings are not extraordinary, the Court declines to accept the City of Clinton's reasoning. The particular facts of Robert P. Dahman's experiences, including but not limited to, responding to the scene of Officer Michael's shooting which was a friend of Officer Dahman, knowing that the suspect was still at large, knowing that the suspect had a long rifle, knowing that the protective vest would not help if the suspect decided to shot again, and feeling like a sitting duck in the dark are all factors in support of the award of compensation to Robert P. Dahman.

Issued by DIVISION OF WORKERS' COMPENSATION

Employee: Robert P. Dahman

**DECISION**

1. Claimant is partially disabled as a result of the events of August 6, 2017 at 10% partial disability of the body as a whole.

1. Compensation is awarded against the City of Clinton in the amount of $19,339.20.

1. Future medical is awarded to treat the injuries suffered by Robert P. Dahman.

1. Jeffery T. Adams of *Poague, Wall, Cox & Adams, LLC* is allowed a fee of 25% of all sums awarded under the provisions of this award for necessary legal services rendered to claimant. The amount of attorney's fee shall constitute a lien on the compensation awarded.

I certify that on Mar 14 2022

I delivered a copy of the foregoing award to the parties to the case. A complete record of the method of delivery and date of service upon each party is retained with the executed award in the Division's case file.

By: *Haomi Danson*

*Mark Siedlik*

Mark S. Siedlik

Chief Administrative Law Judge

Division of Workers' Compensation

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1. Cardwell vs. Treasurer of State of Missouri, 249 S.W.3d 902, 911 (Mo. Ct. App. E.D. 2008)
2. Griggs vs. A.B. Chance Company, 503 S.W.2d 697, 703 (Mo. Ct. App. W.D. 1974)
3. Wright vs. Sports Associated, Inc., 887 S.W.2d 596, 600 (Mo. En banc. 1994)
4. Mantia vs. Missouri Department of Transportation, 529 S.W.3d 804, 810 (Mo. En banc. 2017)