Bank of Newport v. Wages

919 P.2d 1189, 142 Or. App. 145, 1996 Ore. App. LEXIS 832
CourtCourt of Appeals of Oregon
DecidedJuly 3, 1996
Docket93-04948; CA A89282
StatusPublished
Cited by5 cases

This text of 919 P.2d 1189 (Bank of Newport v. Wages) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bank of Newport v. Wages, 919 P.2d 1189, 142 Or. App. 145, 1996 Ore. App. LEXIS 832 (Or. Ct. App. 1996).

Opinion

*147 HASELTON, J.

Employer seeks reversal of an order of the Workers’ Compensation Board that granted claimant benefits for an adjustment disorder. The Board concluded that claimant’s mental disorder was the product of employment conditions other than those “generally inherent in every working situation.” ORS 656.802(3)(b). We affirm.

The Board found the following material facts: Claimant worked as a teller for the employer bank for six months, from October 1992 to March 1993. Throughout that time, claimant experienced stress because of various interactions with her supervisor. In particular, claimant believed that the supervisor had unfairly singled her out, was overly critical of her work, and ignored or was unwilling to listen to her explanations. However, claimant’s perceptions in that regard were not based on conditions that “exist[ed] in a real and objective sense.” ORS 656.802(3)(a). 1 Claimant also experienced tension because of her belief that her supervisor had given her an unjustifiably negative performance review. However, contrary to claimant’s perception, the review was, in fact, favorable, not negative.

Claimant also experienced stress because of what she perceived to be ridicule and harassment based on her physical condition. Throughout her employment, claimant was obese and was very concerned about that condition. Nevertheless, her supervisor made disparaging comments about *148 obese people in general and claimant’s obesity specifically. For example, on one occasion, the supervisor complemented a customer on her weight loss and, in the customer’s presence, said to claimant, “See * * *, if she can do it, you can do it too.” Another time, the supervisor made a comment in claimant’s presence about obese people giving “the impression of being out of control and dirty.” On yet another occasion, when claimant was wearing a pink shirt, the supervisor made a “pink elephant” joke but denied that her remarks were directed at claimant.

The most egregious episode pertaining to claimant’s obese physical condition occurred in early March 1993, when bank sweatshirts were delivered to the branch where claimant worked. As a “joke,” and without claimant’s knowledge or permission, her supervisor and another employee jointly put on claimant’s sweatshirt and had a third employee take a picture of them in the sweatshirt. The supervisor then showed the picture to several other bank employees, sharing the “joke.” About a week later, after claimant asked her supervisor if she could take some vacation time to take a weight reduction cruise, the supervisor gave her the sweatshirt picture and told her that the picture should give her sufficient incentive to lose weight.

Claimant was humiliated both by the sweatshirt photograph and by her supervisor’s “incentive” remark. That evening, while in a restaurant with her husband and mother, claimant experienced a panic attack and, when questioned, she explained what had happened at the bank that day. Three days later, claimant saw a physician for anxiety attacks, arm numbness and itching, chest pain, and inability to sleep, which had occurred on and off since the sweatshirt incident. The physician diagnosed work-related anxiety, took claimant off work, and referred her for counseling.

Thereafter, and for a period of two months, Dr. Schumann, a clinical psychologist, treated claimant. Schumann ultimately diagnosed claimant as suffering from a work-related adjustment disorder. Schumann wrote a report that discussed the full range of potential stressors in claimant’s employment, including those conditions that the Board later *149 determined did not “exist in a real and objective sense,” ORS 656.802(3)(a), and then concluded:

“In my opinion [claimant’s] present state of acute anxiety and depression including occasional suicidal thoughts from life being too hard was caused by the stress at work consisting of low level but constant harassment and ridicule from her supervisor * * * and the ultimate insensitivity, if not cruelty of the ‘photograph incident.’ I believe that this stress constitutes a retraumatization of a young woman who has suffered from emotional problems for a long time.
“* * * [Claimant] had begun to diet and exercise and started to lose weight when she began her new job at the bank. She felt anxious to do a good job but was quickly intimidated by her supervisor’s behavior although still enjoying her colleagues. As time went on things became more aggravating and upsetting so that she found herself dreading to get up in the morning and to face having to go back to work and feel humiliated the next morning.”

Claimant filed an occupational disease claim for her adjustment disorder. The administrative law judge (ALJ) determined that the claim was not compensable because claimant had failed to prove, via expert medical testimony, that the “major contributing cause” of her adjustment disorder was employment conditions that “exist [ed] in a real and objective sense” and that were “conditions other than those conditions generally inherent in every working situation.” ORS 656.802(2)(a) and (3)(a) and (b). In particular, the ALJ concluded that Schumann’s opinion that claimant’s mental disorder was “caused by the stress at work” did not sufficiently distinguish between stressors that existed “in a real and objective sense” (e.g., the supervisor’s remarks about obesity and the “photograph incident”) and those that did not (e.g., the supervisor’s alleged “singling out” of claimant and the “unfavorable” performance review).

The Board, although adopting the ALJ’s findings of fact, reversed. In so holding, the Board agreed with employer that “medical evidence that does not factor out excluded from nonexcluded employment conditions under ORS 656.802(3) cannot satisfy a claimant’s burden of proving a compensable *150 mental disorder.” The Board concluded, however, that claimant’s medical evidence, particularly Schumann’s opinion, satisfied that standard:

“Dr. Schumann, claimant’s treating psychologist, opined that claimant was exhibiting many of the classic symptoms of an adjustment disorder. She concluded that claimant’s mental state was caused by stress at work consisting of low level harassment and ridicule from her supervisor and the ‘ultimate insensitivity if not cruelty’ of the photograph incident. Given the significance to which Dr. Schumann accorded the photograph incident, we conclude that Dr. Schumann’s opinion supports a finding that cognizable stressors under ORS 656.802

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Cite This Page — Counsel Stack

Bluebook (online)
919 P.2d 1189, 142 Or. App. 145, 1996 Ore. App. LEXIS 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-newport-v-wages-orctapp-1996.