Barrett v. Arkansas Rehabilitation Services

661 S.W.2d 439, 10 Ark. App. 102, 1983 Ark. App. LEXIS 920
CourtCourt of Appeals of Arkansas
DecidedDecember 7, 1983
DocketCA 83-214
StatusPublished
Cited by11 cases

This text of 661 S.W.2d 439 (Barrett v. Arkansas Rehabilitation Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barrett v. Arkansas Rehabilitation Services, 661 S.W.2d 439, 10 Ark. App. 102, 1983 Ark. App. LEXIS 920 (Ark. Ct. App. 1983).

Opinion

George K. Cracraft, Judge.

Joy Barrett appeals from a determination by the Workers’ Compensation Commission that she had failed in her burden of proving that her disability due to mental illness arose out of and in the course of her employment with Arkansas Rehabilitation Services. She contends that the decision of the Commission is not supported by substantial evidence, that a contrary conclusion was supported by both the lay and medical evidence, and that the Commission erred in failing to resolve all reasonable doubts in favor of the appellant. We do not agree.

In Owens v. Nat’l Health Laboratories, Inc., 8 Ark. App. 92, 648 S.W.2d 829 (1983) we declared the appropriate standard for determining compensability of nontrauma-tically induced mental illness which is alleged to have resulted from the individual’s work. Where psychological injury results from nontraumatically induced events, the worker must show more than the ordinary day to day job stress to which all workers are subjected. We also pointed out that whether the stress was more than ordinary and the psychological injury was causally connected to it or aggravated by it were questions of fact for the Commission to determine.

On appellate review of Workers’ Compensation cases the evidence is viewed in the light most favorable to the findings of the Commission and given its strongest probative value in favor of its order. The issue is not whether we might have reached a different result or whether the evidence would have supported a contrary finding. The extent of our inquiry is to determine if the finding of the Commission is supported by substantial evidence. Even where a preponderance of the evidence might indicate a contrary result we would affirm if reasonable minds could reach the Commission’s conclusion. Bankston v. Prime West Corp., 271 Ark. 727, 601 S.W.2d 586 (Ark. App. 1981); Clark v. Peabody Testing Service, 265 Ark. 489, 579 S.W.2d 360 (1970).

The appellant was a forty-four year old woman with a twenty year history of mental illness. She was employed by the appellee as a case worker from the fall of 1980 until the spring of 1982. On several occasions in 1981 and in early 1982 the appellant was hospitalized for physical problems as well as for mental depression. She was terminated from her employment in April 1982 and then filed a claim for workers’ compensation benefits contending that she had suffered a compensable mental inj ury as a result of job stress endured as a case worker for the appellee. She contended that as a case worker she was under tremendous job stress, that her job duties were overwhelming, that she appealed to the supervisors for assistance but received none, that her case load increased so much that she could not keep up with it, and as a direct result of job stress and pressure her previous mental illness was so aggravated as to become disabling. The appellee contended that the illness was not job connected, that any problems appellant had were a result of her longstanding mental illness, and that current problems were nothing more than a continuation of earlier ones.

The appellant testified that her job duties were endless. She was responsible for picking up the patients at the hospital and placing them into training or other rehabilitation programs. In addition she had twenty children with open places in their spines who required monthly care and she had to visit the children’s crippled service monthly and “purchase everything from diapers to wheelchairs.’’ She stated that during the first year she had less than fifty clients and that the cáse load increased thereafter to almost a hundred. She complained about the paper work which required her to fill out from ten to thirty forms per client per month and this required her to work at home for a couple of hours at night and to make her visits to her clients at night. She stated that she had never had a complaint that she had not provided the proper services.

Her complaints were also aimed at her supervisor. She testified that during the first year he would “cuss at the male counselors” and that she had never worked in a situation where this occurred. She stated that after the first year her supervisor began to criticize her for traveling too much and told her to stay in the office more. She stated that after she stayed in the office he told her she didn’t travel enough. She stated that one of the supervisors had handled guns around her and she thought that he was becoming irritated with her and starting to harass her. She stated that on one occasion her supervisors had made her job more difficult by transferring her secretary who had been a great help to her. She stated that there was a great deal of tension between co-employees and that this too was stressful. When her case load increased she had gone to her supervisors for help but had received none. While admitting to family and financial problems, she stated that the job stress was “95 to 97% more stressful than any family or financial stress. I got swamped at work with all the rules and regulations, I received no help, there was constant tension in the office and there was harassment.”

There was testimony from her supervisor that her case load did not increase during the period she worked for the rehabilitation service. He testified that her case load was no more than that of twelve other case workers employed by the service and that all other case workers had the same job duties as the appellant. He stated that appellant did complain to him after about a year that she felt her job was more than one person ought to be asked to do. He then tried to assist her in developing methods of doing her job more efficiently. In November of 1981 an assistant was assigned to appellant to get her caught up but this was “because the work had simply not been done, not that the work load was unmanageable.” Additionally he had been receiving complaints from appellant’s clients that services were not being performed. With regard to the reassignment of the secretary the supervisor testified that this was done at appellant’s request and that he had immediately given her the secretarial replacement she had requested. There was an immediate confict between the new secretary and the appellant and she wanted her former one back; that secretary refused to come back. There was other testimony tending to establish that the allegations of harassment and tension in the office existed only in appellant’s mind and this was a manifestation of her illness, rather than a cause of it.

From our review of the lay testimony, of which the recited portion is merely a part, we cannot say that reasonable minds could not conclude that the appellant’s job stress was no more than the ordinary stress to which all workers are subjected. Particularly is this apparent when her testimony and that of her co-workers is coupled with the evidence of her other emotional problems which existed during the first year of employment and which she initially told her doctors were causing her mental deterioration. In reviewing this testimony it is significant to note that both the appellant and her supervisors and co-workers testified that during the “first year” of her emplQyment (fall of 1980 to the fall of 1981) she encountered little difficulty with her j ob duties and that her expression of those difficulties began “after the first year.”

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

Related

Air Compressor Equipment v. Sword
11 S.W.3d 1 (Court of Appeals of Arkansas, 2000)
Hope Livestock Auction Co. v. Knighton
992 S.W.2d 826 (Court of Appeals of Arkansas, 1999)
Ford v. Chemipulp Process, Inc.
977 S.W.2d 5 (Court of Appeals of Arkansas, 1998)
Shults v. Pulaski County Special School District
976 S.W.2d 399 (Court of Appeals of Arkansas, 1998)
Express Human Resources III/Spirit Homes, Inc. v. Terry
968 S.W.2d 630 (Court of Appeals of Arkansas, 1998)
City of Fort Smith v. Brooks
842 S.W.2d 463 (Court of Appeals of Arkansas, 1992)
Fenwick v. Oklahoma State Penitentiary
1990 OK 47 (Supreme Court of Oklahoma, 1990)
McClain v. Texaco, Inc.
780 S.W.2d 34 (Court of Appeals of Arkansas, 1989)
Hyman v. Farmland Feed Mill
748 S.W.2d 151 (Court of Appeals of Arkansas, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
661 S.W.2d 439, 10 Ark. App. 102, 1983 Ark. App. LEXIS 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrett-v-arkansas-rehabilitation-services-arkctapp-1983.