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AS MODIFIED: JUNE 23, 2006 RENDERED: JUNE 15, 2006 TO BE PUBLISHED
'suprang dourf of  
2005-SC-0695-WC RICHARD E. JACOBS GROUP, INC. AND JACOBS GROUP MANAGEMENTCO., INC.  DD/~A~  APPELLANTS  
V.  APPEAL FROM COURT OF APPEALS 2004-CA-1457-WC WORKERS' COMPENSATION NO. 03-00075  
CHRIS WHITE; LEXINGTON-FAYETTE URBAN COUNTYGOVERNMENT; HON. DONNA H. TERRY, ADMINSTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD  APPELLEES  
AND  2005-SC-0696-WC  
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT  APPELLANT  
APPEAL FROM COURTOFAPPEALS 2004-CA-1457-WC WORKERS' COMPENSATION NO. 03-00075  
CHRIS WHITE; RICHARD E. JACOBS GROUP, INC., AND JACOBS GROUP MANAGEMENT CO., INC. ; AND HON. DONNA H. TERRY, ADMINISTRATIVE LAW JUDGE  APPELANTS  
OPINION OFTHE COURT  
AFFIRMING  

KRS 342.0011(1) requires a mental harm to directly result from a physically traumatic event. Lexington-Fayette Urban County Government v. West, 52 S.W.3d 564, 566-67 (Ky. 2001). An Administrative Law Judge (ALJ) determined that the claimant failed to prove a physical injury or trauma and dismissed his application for benefits due to post-traumatic stress disorder. The Workers' Compensation Board (Board) affirmed, but a divided Court ofAppeals reversed. A majority found that contact with another's blood and body fluids during a lifesaving attempt constituted physical trauma and remanded the claim for further consideration . Weaffirm, but we do so because the physical exertion of performing CPRand first aid on an individual with multiple gunshot wounds is a physically traumatic event.
Officer White was employed by the Lexington-Fayette Urban County Government as a full-time officer in the Police Department. He testified that he was on call 24 hours per day, 7 days per week. With Department approval, he was employed concurrently by the Richard E. Jacobs Group, Inc. to work as a security guard at Fayette Mall. There was evidence that off-duty police officers are required to have their sidearms accessible and respond to high priority situations 24 hours per day.
On January 5, 2001, Officer White reported for work at Fayette Mall. He was informed that there was concern about a band of shoplifters and instructed to work in plainclothes in an effort to apprehend them. About one hour into the shift, he received a police dispatch regarding a male subject at the mall who was dressed in a security guard uniform, armed with a night stick, and threatening suicide. Alerted to the subject's location, Officer White approached an individual matching the description, who then displayed a revolver. Officer White continued to approach, drew his own gun,
and displayed his badge. After some initial inquiries, the individual drew his gun,
ignored several commands to drop it, raised it, and pointed it at Officer White. Officer
White fired four shots. Although hit by three of them, the individual continued moving
toward the officer, who fired four more rounds before the subject fell to the ground.
Officer White testified that he performed CPR and first aid after the subject fell to the
ground. He also stated that his skin came in contact with the subject's blood and body
fluids while attempting to save his life ; that he was not permitted to wash for an
extended period of time; and that he feared he might have contracted a communicable
disease. The subject died at the scene, and suicide notes were found in his vehicle.
After the incident, Officer White was transported to the Department where he was interrogated and placed on administrative leave during an internal investigation. Officer White received blood tests to determine if he had contracted a disease from the blood and body fluids. He also sought treatment from a psychologist for nightmares, flashbacks, and paranoia due to a perception that he might be indicted for the incident and to a fear of having contracted a disease such as AIDS or tuberculosis. His symptoms worsened after he returned to work, and he eventually applied for and received disability retirement. On March 14, 2001, the commonwealth's attorney determined that the use of deadly force in self-defense was justified under the circumstances. The blood tests were negative.
Five board-certified psychiatrists testified. All diagnosed post-traumatic stress
disorder and stated that Officer White should not return to police work. All but one agreed that the condition caused permanent impairment. The ALJ noted, however, that although Officer White characterized the event in question as an assault and indicated that an Assaulted Officer Report was completed, the official Department record did not
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