Bachula v. General Motors Corp.

477 N.W.2d 486, 191 Mich. App. 193
CourtMichigan Court of Appeals
DecidedSeptember 4, 1991
DocketDocket 123368
StatusPublished
Cited by7 cases

This text of 477 N.W.2d 486 (Bachula v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bachula v. General Motors Corp., 477 N.W.2d 486, 191 Mich. App. 193 (Mich. Ct. App. 1991).

Opinion

Per Curiam.

This is a workers’ compensation case in which the nature of the claimed disability is "nerves” caused by "stressful activities as a committeeman which precipitated nervous condition.” The petition for hearing further claimed that when plaintiff lost his bid for reelection as a committeeman and returned to work, he was in "an environment that did not like ex-committeemen” and that this environment "further aggravated his condition to the point of disability.”

The hearing referee judge denied benefits, but the Workers’ Compensation Appeal Board reversed, finding that plaintiff proved a disabling work-related personal injury. We affirm.

i

This case involves a claimed psychiatric disability. Plaintiffs burden of proof is established by case law and by statute. Plaintiff must show, by a preponderance of the evidence, that he suffers from a disabling injury or disease that is work-related. Aquilina v General Motors Corp, 403 Mich 206, 210-211; 267 NW2d 923 (1978). In addition, he must also show that his work either caused his disability or aggravated his condition in a "signifi *195 cant manner.” MCL 418.301(2); MSA 17.237(301) (2); MCL 418.401(2)(b); MSA 17.237(401)(2)(b).

As noted, the wcab found plaintiff disabled, a factual determination that must be affirmed if there is any competent evidence in the record to support it. Aquilina, supra, p 213. There is ample evidence in the record to support the finding of disability, including plaintiff’s own testimony and the expert witness testimony of a psychologist. The wcab found the psychologist’s testimony more persuasive and credible than that of a psychiatrist who also testified.

The wcab correctly cited the statutory standard for determining the compensability of a mental disorder. The wcab found that actual, specific incidents at work occurred that contributed to, aggravated, or accelerated plaintiff’s disability in a significant manner. In so finding, the wcab relied on the testimony of plaintiff, whom the board found to be credible, saying, "We are not presented with any testimony or exhibits that would cloud plaintiff’s credibility.” Indeed, defendant did not offer any witnesses at trial, presenting only the deposition testimony of the psychiatrist.

The events of employment relied on by the wcab to reach its conclusion of work-related disability included plaintiff’s unrebutted testimony that a supervisor bragged that he would fire black employees 1 and that black employees were fired. Plaintiff observed a friend and co-worker restrained and removed from the work area. The man later committed suicide. The wcab also cited pressures associated with plaintiff’s work as a committeeman, threats from employees, and health and safety hazards of the job as events of *196 employment that contributed to disability in a significant manner.

ii

On appeal, defendant argues that the wcab applied an improper legal standard in concluding that there was a significant relationship between plaintiffs disability and the events of employment, and that the wcab is obliged to examine all factors contributing to disability in assessing whether events of employment contributed in a "significant manner” to the disability.

hi

In addressing the legal-standard issue, defendant cites language from the wcab opinion that suggests that the board relied on a hybrid standard, combining language from cases predating the statutory amendment effective January 1, 1982, 2 and the language of the statutes cited above that establish the standard applicable from January 1, 1982. In addition, the finding of a significant relationship between the events of employment and plaintiffs disability is claimed to be purely conclusory and without citation of any supporting evidence in the record. For these reasons alone, defendant argues, the case must be remanded to the wcab for reconsideration and application of the correct legal standard to the facts.

A

We disagree with defendant’s reading of the opinion of the wcab. The opinion tracks the legal *197 standard to be applied in determining the compensability of a psychiatric disability and concludes with the determination that a three-pronged test must be imposed under the amended statute in order to reach a finding of a compensable psychiatric disability. The wcab found the three-pronged test under the amended statute in effect for the dates of injury after January 1, 1982, to be:

1) The worker/claimant must be disabled.
2) A personal injury in the form of a precipitating work related event must have actually occurred, be it a physical trauma, a mental stimulus, or continuing mental stimuli. Specific incidents rather than general allegations of stress and anxiety are necessary to establish that actual employment events occurred and that the claim is not based on unfounded perceptions.
3) The event(s) of employment must cause the mental disability found, or contribute to, aggravate or accelerate the particular plaintiffs disability in a significant manner. In making that determination, it remains black-letter law that the employer takes the employee as he finds him.

This analysis of the legal standard applicable to plaintiffs claim in this case is consonant with that determined in two recent opinions of this Court. Greenwood v Pontiac Bd of Ed, 186 Mich App 389; 465 NW2d 362 (1990); Iloyan v General Motors Corp, 187 Mich App 595; 468 NW2d 302 (1991).

After correctly stating the legal standard to be applied, the appeal board went on to analyze the facts of this case in light of the three-pronged test articulated. The determinations of disability and of actual precipitating work-related events are findings supported by the record. Also supported by the record is the ultimate conclusion by the *198 wcab that "plaintiffs employment did cause mental disability or aggravate, accelerate, [sic] his disability in a significant manner.” The appeal board cites testimony of the psychologist based on a thorough battery of psychological tests and a lengthy personal interview for the conclusion that the work-related events found to have occurred either caused plaintiffs mental disability or aggravated or accelerated it in a significant manner.

The psychologist acknowledged that it is possible that events outside the work setting also may have contributed to plaintiff’s condition. However, when asked by plaintiffs counsel whether plaintiffs work environment aggravated his underlying condition in a significant way, she testified that, assuming plaintiff was being treated at work in the manner he described, she was very confident that there was a relationship between the work conditions and his basic underlying personality and that plaintiff’s physical and psychological symptoms were consistent with her findings.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Haske v. Transport Leasing, Inc., Indiana
566 N.W.2d 896 (Michigan Supreme Court, 1997)
Meyerhoff v. Turner Construction Co.
509 N.W.2d 847 (Michigan Court of Appeals, 1993)
Lombardi v. William Beaumont Hospital
502 N.W.2d 736 (Michigan Court of Appeals, 1993)
Boyle v. Detroit Board of Education
494 N.W.2d 818 (Michigan Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
477 N.W.2d 486, 191 Mich. App. 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bachula-v-general-motors-corp-michctapp-1991.