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TimesLive Premium reports that a KwaZulu-Natal policeman, whose bulletproof vest saved his life when he was shot in 2015, has won his case for full compensation for post-traumatic stress disorder (PTSD).
Trevor Ramanand launched an appeal in the Pietermaritzburg High Court against a ruling made by a tribunal convened by the Department of Employment & Labour’s Compensation Commissioner that he was only entitled to 39% of his salary. But Judge Rob Mossop ruled that the tribunal had been wrong, and that it appeared to have overlooked that the Compensation for Occupational Injuries and Diseases Act must be interpreted where possible in a manner that was “most beneficial to the claimant”. It had also “misrepresented the provisions of the act”, and incorrectly relied on a circular, which unlawfully capped claims for PTSD. Ramanand was a warrant officer with 25 years’ service when “a most catastrophic event befell him”. Following a shooting incident, Ramanand was diagnosed with PTSD. In spite of receiving treatment, he never regained his functionality and was determined unfit for duties in July 2016 on the basis that he was permanently disabled and not able to work in the open labour market. Ramanand lodged a claim with the Compensation Commissioner, who determined, without giving reasons, his degree of permanent disability to be 39%. This meant he would only receive a monthly pension of about R7,000, based on his salary of R25,000. Ramanand lodged an appeal with the tribunal, but it was dismissed and he then turned to the court. Judge Mossop noted that the schedule to the Act determined that any injury causing permanent total disablement required 100% compensation and said this applied to Ramanand. “His PTSD was caused by the stressful event and rendered him totally unfit to continue with his employment,” he said, ruling that he was entitled to 100% compensation backdated to January 2015, with annual increases.
- Read the full original of the report in the above regard by Tania Broughton at TimesLive Premium (subscriber access only)
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