Bentley v. Spartanburg County

730 S.E.2d 296, 398 S.C. 418, 2012 WL 2847607, 2012 S.C. LEXIS 136
CourtSupreme Court of South Carolina
DecidedJuly 11, 2012
DocketNo. 27140
StatusPublished
Cited by9 cases

This text of 730 S.E.2d 296 (Bentley v. Spartanburg County) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bentley v. Spartanburg County, 730 S.E.2d 296, 398 S.C. 418, 2012 WL 2847607, 2012 S.C. LEXIS 136 (S.C. 2012).

Opinion

Chief Justice TOAL.

Brandon Bentley (Appellant), a deputy sheriff with the Spartanburg County Sheriffs Department, alleged that he developed Post Traumatic Stress Disorder (PSTD) and depression after he shot and killed a suspect who attempted to assault him. An Appellate Panel of the Workers’ Compensation Commission (Appellate Panel) unanimously found that Appellant failed to meet his burden of proof in establishing a compensable mental injury that arose out of an “unusual or extraordinary condition” of employment for a Spartanburg County deputy sheriff. We affirm.

Facts/ Procedural Background

On October 21, 2009, Appellant was on road patrol when he was dispatched to a residence in Spartanburg following a call involving disturbances between neighbors. As he arrived at the scene, he saw a man in khaki shorts standing just outside the carport of the residence. He stepped out of his car and asked the man to approach him to talk. The man refused to cooperate and exchanged words with Appellant before walking toward Appellant with an umbrella raised in an “offensive posture.” Appellant issued several commands for the man to drop the umbrella. In response, Appellant claimed the man threatened to take Appellant’s gun and kill him. Appellant then fired one shot “center mass” at the man’s chest resulting in his death.

[421]*421Following this incident, Appellant began to suffer psychological symptoms including anxiety and depression and sought treatment at Post Trauma Resources in Columbia. Based on his psychological symptoms, his psychiatrist and psychologist concluded that Appellant was unable to work.

On March 10, 2010, Appellant filed a Form 50 to claim workers’ compensation benefits. After a hearing, the Single Commissioner found that the October 21, 2009 event was not an unusual or extraordinary condition of Appellant’s work, and Appellant had not suffered a compensable mental injury by accident arising out of his employment. The Commissioner noted that deputies received training on the use of deadly force and that Appellant admitted he knew he would sometimes be required to use deadly force in the course and scope of his employment. Appellant then appealed to the Appellate Panel, which affirmed the Commissioner’s Order and denied Appellant’s claim. Appellant filed an appeal and this case is before this Court pursuant to Rule 204(b), SCACR.

Issue

Whether the shooting and killing of a suspect by a deputy sheriff while on duty is an extraordinary and unusual employment condition such that mental injuries arising from that incident are compensable under the Workers’ Compensation Act.

Standard of Review

The South Carolina Administrative Procedure Act (APA) governs appeals from the decisions of an administrative agency. S.C.Code Ann. § 1-23-380 (Supp.2011); Lark v. Bi-Lo, Inc., 276 S.C. 130, 134-35, 276 S.E.2d 304, 306 (1981). Under the APA, an appellate court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact, but it may reverse when the decision is affected by an error of law. S.C.Code Ann. § 1-23-380(5). If the findings, inferences, conclusions, or decisions of that agency are “clearly erroneous in view of the reliable, probative and substantial evidence on the whole record,” a reviewing court may reverse or modify. Id. Substantial evidence is not a mere scintilla of evidence, nor evidence viewed blindly from one side of the case, but is evidence [422]*422which, considering the record as a whole, would allow reasonable minds to reach the conclusion the administrative agency reached. Pratt v. Morris Roofing, Inc., 357 S.C. 619, 622, 594 S.E.2d 272, 274 (2004).

Analysis

Appellant argues he sustained a compensable mental injury that arose from an extraordinary and unusual condition of employment. We disagree.

Workers’ compensation pays an employee benefits for damages resulting from personal injury or death by accident arising out of and in the course of the employment. S.C.Code Ann. § 42-1-310 (Supp.2011). In determining whether a work-related injury is compensable, the Workers’ Compensation Act (Act), S.C.Code Ann. §§ 42-1-10 to -19-10 (1976 & Supp.2011), is liberally construed toward the end of providing coverage rather than denying coverage in order to further the beneficial purposes for which it was designed. Shealy v. Aiken Cnty., 341 S.C. 448, 535 S.E.2d 438 (2000) (citation omitted). Any reasonable doubt as to the construction of the Act will be resolved in favor of coverage. Mauldin v. Dyna-Color/Jack Rabbit, 308 S.C. 18, 22, 416 S.E.2d 639, 641 (1992).

Some context regarding the evolution of mental damages in workers’ compensation will illuminate the framework which necessarily binds this Court in resolving this case. As set forth by Professor Larson in his treatise on workers’ compensation, work-related injuries fall into three categories: 1) mental stimulus causing physical injuries (mental-physical injuries), 2) physical stimulus causing mental injuries (physical-mental injuries), and 3) mental stimulus causing mental injuries (mental-mental injuries). Arthur Larson, Larson’s Workers’ Compensation Law § 56.06[3] (2011). Historically, given the suspicion surrounding mental injuries, courts and legislatures refused to award compensation for mental injuries, or if they did, required that covered mental injuries be accompanied by a physical manifestation. See id. at § 56.06[l][b]. A majority of states now recognize the compensability of purely mental-mental injuries, injuries without accompanying physical manifestation, although a large number of states, including [423]*423South Carolina, place heightened restrictions on recovery by requiring that the precipitating stressor be unusual and extraordinary compared with normal working conditions.1 Id. at § 56.06[3]; Stokes v. First Nat’l Bank, 306 S.C. 46, 410 S.E.2d 248 (1991); Davis v. Workmen’s Comp. Appeal Bd., 561 Pa. 462, 751 A.2d 168, 170 (2000) (denying workers’ compensation to police officer suffering from PSTD because encountering traumatic events was normal for a police officer).

South Carolina’s standard for recovering benefits for mental-mental injury is codified in section 42-1-160 of the South Carolina Code, which provides:

(B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury are not considered a personal injury unless the employee establishes, by a preponderance of the evidence:
(1) that the employee’s employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and

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Cite This Page — Counsel Stack

Bluebook (online)
730 S.E.2d 296, 398 S.C. 418, 2012 WL 2847607, 2012 S.C. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bentley-v-spartanburg-county-sc-2012.