Cornetta's Case

860 N.E.2d 687, 68 Mass. App. Ct. 107, 2007 Mass. App. LEXIS 78
CourtMassachusetts Appeals Court
DecidedJanuary 25, 2007
DocketNo. 06-P-9
StatusPublished
Cited by9 cases

This text of 860 N.E.2d 687 (Cornetta's Case) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cornetta's Case, 860 N.E.2d 687, 68 Mass. App. Ct. 107, 2007 Mass. App. LEXIS 78 (Mass. Ct. App. 2007).

Opinion

Cohen, J.

In this workers’ compensation case, an administrative judge awarded Laura Cometta (employee) permanent and total incapacity benefits, pursuant to G. L. c. 152, § 34A, for a work-related emotional disability. On appeal by the self-insurer,1 the reviewing board of the Department of Industrial Accidents (board) affirmed, viewing the employee’s disabling psychological condition as “subsequent to” physical trauma sustained in an incident on May 22, 1997, when the employee, a Spanish teacher at Nashoba Valley Technical High School, was assaulted by a student. Even though the employee had a pre-existing psychological condition unrelated to any event at work, the [108]*108board concluded that she was entitled to benefits under the “combination injury” provision contained in the fourth sentence of G. L. c. 152, § 1(7A),2 based upon the administrative judge’s finding that “the [ejmployee’s compensable injury of May 22, 1997, remains a major but not necessarily predominant cause” of the employee’s ongoing emotional disability.

The self-insurer now appeals to this court, contending that the board has long misinterpreted § 1(7A), insofar as that section pertains to claims for mental or emotional disability. For nearly ten years, the board has read the third sentence of § 1(7A), which, since 1986, has set out a heightened standard of causation for claims for mental or emotional disabilities,3 to relate only to claims arising from “pure” mental injuries — those triggered by employment-related circumstances but not the result of physical injury. Accordingly, in cases where an emotional disability is found to result from work-related physical trauma, the board does not apply the heightened standard and, instead, treats the claim like any other. In the absence of other causative factors, an employee whose emotional disability is the result of a work-related physical injury will be awarded compensation upon a simple demonstration of “but for” causation between the injury and the employee’s condition; if a noncompensable pre-existing condition is involved, the case will be analyzed under the “combination injury” standard set out in the fourth sentence of § 1(7A). See generally Nason, Koziol, & Wall, Workers’ Compensation § 9.9 (3d ed. 2003).

The self-insurer argues that the board’s distinction between claims arising from “pure” mental injuries and those stemming from physical trauma is an error of law, and urges this court to [109]*109construe the third sentence of § 1(7A) as imposing the heightened standard of causation upon all claims of mental or emotional disability. For the reasons that follow, we reject the self-insurer’s interpretation and accept that of the board. There being no merit to the self-insurer’s remaining arguments, we affirm the award of compensation.

Facts. We take the facts from the findings made by the administrative judge in his two decisions in this case.4 On May 22, 1997, the employee, who was then employed as a Spanish teacher at Nashoba Valley Technical High School, was leaving the premises at the end of the school day. She observed a female student smoking a cigarette nearby in violation of the school’s no-smoking policy. Having been instructed to enforce the no-smoking policy, the employee told the student to extinguish the cigarette. The student refused to do so, and also refused to identify herself. When the employee directed the student to accompany her to the office, the student again refused and began to verbally abuse the employee using foul language.

The employee then attempted to pick up a backpack at the student’s feet, to prevent the student from leaving. As she did so, the student began punching her and attempted to push her down the stairs. The employee asked another student to go into the building and get help. It was only when a supervisor arrived on the scene that the assault ceased. The employee immediately left the premises and went home.

Approximately six weeks earlier, the employee had sustained a fracture of her right wrist unrelated to employment. During the May 22, 1997, incident, the employee put her right arm up in front of her face in an attempt to ward off the student’s blows. Although the employee came in to work the following day, she experienced increased pain in the area of her right wrist, left school early, and sought treatment with her primary care physician.

[110]*110The findings are silent as to the precise effect of the assault on the employee’s right wrist. However, the employee, who was found credible by the administrative judge, testified that on the day after the incident, she found it necessary to see the school nurse a couple of times to obtain Advil for the pain in her wrist and went to the doctor because she was concerned- that she had refractured it. It does not appear from the record that her wrist was, in fact, refractured, but there appears to be no dispute that it was injured in the attack by the student, as reflected in the administrative judge’s reference to a psychologist’s report, submitted by the self-insurer, that speaks of a “contusion/ sprain” of the employee’s right wrist during the incident of May 22, 1997.5

In the following months, the employee’s mental health declined significantly. Although she had experienced bouts of anxiety and depression before the May 22, 1997, incident, her depression became more severe and lasted for longer periods thereafter. She continued working at Nashoba Valley Technical High School through the end of the school year, but, perceiving a lack of support from the administration in the aftermath of the assault, left her position in June of 1997.

In September, 1997, the employee began a job as a Spanish teacher at Martha’s Vineyard Regional High School, but resigned after approximately one month. At the start of the following year, in September, 1998, the employee took a part-time teaching position at Wakefield High School, but left after one day. In October, 1998, she began work as a part-time, first grade teaching assistant, working a maximum of fourteen hours per week. She remained in that job until May 20, 1999. From July 10, 1999, through October 23, 1999, the employee received unemployment compensation. She then worked briefly in January and February of 2000, as a part-time teacher’s aide in Concord, but has not worked since. As of the date of the second hearing, the employee remained under medical care and continued to take medication for anxiety and depression.

[111]*111Decisions below. The employee’s claim for partial incapacity benefits, pursuant to G. L. c. 152, § 35, was allowed by the administrative judge in a decision issued on February 23, 2001. The administrative judge found that “the [ejmployee sustained a work-related injury when she was assaulted by a student on May 22, 1997,” and, adopting the opinion of the impartial medical examiner (IME), found further that, as a result, the employee suffered an aggravation of “underlying [mjajor [djepression, recurrent condition” and developed a “[sjpecific [pjhobia” related to teaching and teenagers. The administrative judge found that the aggravation of the employee’s depression was “a major cause” and the specific phobia “the predominant cause” of the employee’s partial disability and need for treatment. The self-insurer appealed the § 35 decision to the board, but withdrew the appeal before the case was decided.

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Cite This Page — Counsel Stack

Bluebook (online)
860 N.E.2d 687, 68 Mass. App. Ct. 107, 2007 Mass. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornettas-case-massappct-2007.