City of Scranton v. City of Scranton

583 A.2d 852, 136 Pa. Commw. 483, 1990 Pa. Commw. LEXIS 656
Commonwealth Court of Pennsylvania·Decided December 5, 1990·No. 1610 C.D. 1989·Published·Cited by 27 cases

Opinions

PELLEGRINI, Judge.

City of Scranton (Scranton) files a Petition For Review of an Order of the Workmen’s Compensation Appeal Board (Board) affirming a Referee’s award of Fatal Claim Benefits to Gertrude Hart, widow (Widow) of James Patrick Hart (Hart) deceased.*

Hart, a Scranton Police Detective, died of a self-inflicted gunshot wound on September 6, 1981. On August 17, 1984, Gertrude Hart filed a Fatal Claim Petition (Petition), alleging that her husband’s suicide was a result of a work-related psychiatric injury. The Referee issued a Decision and Order finding that the decedent had not suffered a work-related injury, and that his death was not causally related to his employment.

Claimant Widow appealed to the Board from the Referee’s Decision. The Board vacated the Referee’s findings and conclusions and remanded the case for the Referee to apply the correct legal standard of proof in suicide cases in the then recently enunciated decision by our Supreme Court in Globe Security Systems Company v. Workmen’s Compensation Appeal Board (Guerrero), 518 Pa. 544, 544 A.2d 953 (1988).

After taking additional testimony, the Referee found that decedent suffered a work-related psychiatric injury which caused his suicide, and awarded Fatal Claim Benefits. The Board affirmed the Referee’s Decision and the City of [486] Scranton filed the instant Petition for Review.1

There is no dispute as to whether Hart suffered from a psychiatric problem at the time of his death. The Referee made a specific finding of fact and conclusion of law that Hart suffered from depression.2 The finding and conclusion were based on the testimony presented at the hearing, especially that of James P. Lesniak, M.D. Dr. Lesniak testified that in his judgment “Mr. James Hart did suffer from a major depressive episode with mood congruent psychotic features.” (R.R. 231a). Furthermore, Anthony G. Turchetti, M.D., Scranton’s expert medical witness, also testified that Hart was “probably depressed and probably had a major depression.” (R.R. 155a-156a).

Scranton contends, however, that the Referee and Board erred in granting benefits because there is insufficient evidence of record to establish that Hart suffered a psychic injury as a result of exposure to “abnormal working conditions.” Scranton argues that Hart’s working conditions, although stressful, were not abnormal, as required to justify compensation as provided in Martin v. Ketchum, Inc., 523 Pa. 509, 568 A.2d 159 (1990).

The Claimant Widow contends that there is sufficient evidence to support the Referee’s conclusion that there was [487] “abnormal working conditions.” She argues that the evidence shows Hart came under extreme pressure to solve numerous murders committed by a serial killer stalking the Scranton area, as well as numerous unrelated murders and suspicious deaths which occurred during this time period. She contends that this highly publicized and unusual rash of murders, combined with Hart’s already stressful and increasing duties as the detective in charge of physical evidence, pushed him over the edge, resulting in his psychiatric injury and subsequent suicide.

Under Section 301(a) of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 431, self-inflicted death is compensable, provided it is a direct result of a work-related psychiatric illness. Globe Security Systems, Co. The psychiatric injury itself must have resulted from the claimant’s objective reaction to “abnormal working conditions.” Martin v. Ketchum, Inc. Thus, in order for the Claimant Widow to recover benefits, she must establish that her husband experienced “abnormal working conditions” and those “abnormal working conditions” resulted in a psychiatric illness which was so severe that it overrode his rational judgment and led to his suicide.

The Pennsylvania Supreme Court, in Martin v. Ketchum Inc., recently adopted the “abnormal working condition” standard as the test to determine whether a work incident was the source of a psychiatric injury. The Supreme Court stated that:

The phraseology “abnormal working conditions” has been employed by the Commonwealth Court in this case and in prior decisions of that court to distinguish between objective and subjective evidence of the working conditions alleged to have caused the injury, i.e., the mental illness or mental illness ending in suicide. Review of that line of cases by the Commonwealth Court demonstrates that the phraseology describes the requirement that the claimant produce evidence establishing that the mental ill[488] ness is, in fact, a work-related injury. The requirement is an objective one, rather than a subjective one.
The Commonwealth Court’s approach was intended to distinguish psychiatric injuries that are compensable because the necessary causal relationship between the employment and mental disability has been established from those psychiatric injuries that arise from the employee’s subjective reactions to normal working conditions. The phraseology “abnormal working conditions’’ has developed into a shorthand expression for that critical distinction.

Martin, 523 Pa. at 515, 568 A.2d at 164. (Emphasis added.)

Scranton contends that Claimant Widow has not established “abnormal working conditions” pursuant to Martin since high stress is a normal working condition for a police officer. Scranton further contends that Claimant Widow has failed to “pinpoint” an “abnormal working event,” and that an increase in duties of the. same type is insufficient to meet the Martin standard. From an examination of the decision culminating in the Martin doctrine, “abnormal working conditions” does not mean only pointing to a single incident but can result from a combination of events, when taken together, make the work performance unusually stressful for that type of job.

The Martin decision’s adoption of the “abnormal working condition” standard was derived from the rationale developed by this court in a line of cases beginning with Thomas v. Workmen’s Compensation Appeal Board (Atlantic Refining Co.), 55 Pa.Commonwealth Ct. 449, 423 A.2d 784 (1980). In Thomas, we stated that “[d]ue to the highly subjective nature of psychiatric injuries, the occurrence of the injury and its cause must be adequately pinpointed.” Thomas, 55 Pa.Commonwealth Ct. at 455, 423 A.2d at 787; See also Bevilacqua v. Workmen’s Compensation Appeal Board (J. Bevilacqua Sons), 82 Pa. Commonwealth Ct. 511, 515, 475 A.2d 959, 961 (1984).

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City of Scranton v. City of Scranton, 583 A.2d 852, 136 Pa. Commw. 483, 1990 Pa. Commw. LEXIS 656 (Pa. Ct. App. 1990).

583 A.2d 852 (City of Scranton v. City of Scranton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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