Davis v. Workmen's Compensation Appeal Board

751 A.2d 168, 561 Pa. 462, 2000 Pa. LEXIS 1250
CourtSupreme Court of Pennsylvania
DecidedMay 18, 2000
DocketSupreme Court, 118 M.D. Appeal Docket 1997
StatusPublished
Cited by57 cases

This text of 751 A.2d 168 (Davis v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Workmen's Compensation Appeal Board, 751 A.2d 168, 561 Pa. 462, 2000 Pa. LEXIS 1250 (Pa. 2000).

Opinions

OPINION

ZAPPALA, Justice.

This is an appeal by the Borough of Swarthmore from the Commonwealth Court’s order reversing the order of the Workers’ Compensation Appeal Board, which denied benefits to James Davis, a former police officer for the Borough. We granted the Borough’s petition for allowance of appeal to address the issue of the standard to be applied to claims for workers’ compensation benefits when the claimant asserts that a psychic injury is manifested through both psychic and physical symptoms. We hold that where a psychic injury is claimed, regardless of whether it is manifested through psychic symptoms alone or physical symptoms as well, the claimant must establish that the injury arose from abnormal working conditions in order to recover benefits. We reverse the Commonwealth Court’s order in this case and reinstate the Board’s order denying benefits.

On April 21, 1992, James Davis filed a claim petition under the Workers’ Compensation Act alleging that he had sustained a psychic injury as a result of his employment as a police officer. Davis asserted that he suffered from post-traumatic stress disorder and specific work inhibition as a result of [466]*466repeated stressful and life-threatening experiences during the course of his duties as a police officer.

At the hearing before the workers’ compensation judge (WCJ), Davis testified that he had been hired as a police officer by the Borough in July of 1960. The population of the Borough of Swarthmore was approximately 5,900, including 1,300 college students, while the size of the Borough was one plus square miles. The Borough’s police force consisted of eight officers, including the chief of police, a sergeant, a corporal and five patrol officers. In May of 1971, Davis was promoted to the position of sergeant. As the sergeant, Davis was the second in command after the chief of police. His responsibilities included patrol functions, supervisory functions and investigative functions. The Borough did not have a separate detective division, and the responsibility for criminal investigations was given to the sergeant. The responsibility for supervising the police officers during the three eight-hour shifts was divided among the chief of police who worked the 8 a.m. to 4 p.m. shift, the sergeant who worked the 4 p.m. to midnight shift, and the corporal who worked the midnight to 8 a.m. shift.

For twenty years, Davis performed the functions assigned to him as the sergeant. On June 16,1991, the Borough’s chief of police died unexpectedly of a heart attack. . Mayor G. Guy Smith issued an order four days later naming Davis, the ranking officer, as the officer in command of the police force. Davis remained in the position for a period of only four months.

Donald Lee was designated as the chief of police on October 15, 1991. Lee, then a 28-year veteran of the Swarthmore Police Department, had been Davis’s close friend and partner on the police force. Lee testified on behalf of Davis that the functions performed by Davis were normal things that would be required of a detective sergeant in a town the size of Swarthmore. He further testified that he had not noticed any specific incident during their years together that triggered any change in Davis’s conduct, but felt that Davis’s position as second in command caused Davis to feel that his loyalty was [467]*467torn between the patrol officers and the chief of police. He discussed the fact that Davis had married and divorced twice, stating that Davis’s marital difficulties did not affect his ability to carry out police functions.

It was not until Davis assumed the responsibilities of the chief of police that Lee obseived a change in Davis. Lee testified that Davis demonstrated that he was incapable of being the police chief or acting chief. He described Davis as an acting chief who had difficulty making decisions that affected the police department. Davis also had difficulty dealing with officers under his command and with issuing orders to the patrolmen. Lee became so concerned about Davis’s inability to command that he spoke to Mayor Smith on several occasions. Mayor Smith asked Lee to check on Davis because he was concerned about Davis’s health and well being.

Mayor Smith, who also testified on behalf of Davis, felt that Davis had become paralyzed by his role as police chief. He stated that “it wasn’t like he was making bad decisions; he simply wasn’t making any decisions.” Mayor Smith indicated that he would have discussions with Davis about getting certain tasks done, minor or major, without any results.

In October 1991, Mayor Smith recommended that Davis take vacation leave, which Davis did. Shortly thereafter, Lee informed Mayor Smith that he did not think Davis would be able to perform his functions as police chief. Mayor Smith concurred in this assessment and recommended to the Public Safety Committee of the Borough Council that Davis be allowed to go out on disability retirement. The recommendation was accepted, and Davis began receiving a disability pension as of May 1, 1992.

Davis testified that between June and October 1991, he noticed that he was not sleeping well, that “it seemed like his strength was being zapped,” and that his blood pressure was up. Davis did not attribute the changes to his appointment as the acting police chief. Instead, Davis recounted several stressful incidents that had occurred during the course of his 31-year career. The first incident happened approximately 27 [468]*468years earlier, in 1964 or 1965. Another officer had gone into a house and was confronted in the basement by a young man who was armed. Davis, who was the back up officer, began negotiations with the man and was able to convince him to put his weapon down. When Davis went to pick up the weapon, the man pulled out another weapon, pointed it at his face and started to pull the trigger. Davis caught the hammer of the weapon before it fell and wrestled the gun away from him. The disarmed man was then arrested. Davis testified that he continually dreamed about the incident, but that it was not until he underwent psychiatric treatment that he remembered the incident itself.

Davis testified regarding another incident which occurred in 1965 or 1966 when he became involved in a high speed pursuit of robbery suspects. During the course of the pursuit, Davis fired his weapon at a suspect for the first time in his career. Davis also related two other incidents in his career when he fired his weapon at suspects. Davis further testified about the 1974 arrest of a member of the Pagan motorcycle gang for attempted murder. Davis testified that the police chief informed him that unknown sources had threatened to shoot him and his family to prevent him from testifying at trial. Other than the reported threat, no incident occurred.

The only incident that was not remote in time occurred in January 1991. Davis responded to a call from Swarthmore College security officers for assistance in handling a group of 25 people he described as “a bunch of neo nazis.” Davis called for assistance and confronted the group, along with four unarmed college security officers. No weapons were visible, but Davis ordered them to lay down whatever weapons they had within five minutes. The group lined up, refusing to comply. Faced with a standoff, Davis did not know what to do next. He was not attacked by any member of the group. When four other police officers responded to his call for assistance, 22 members of the group were arrested.

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Bluebook (online)
751 A.2d 168, 561 Pa. 462, 2000 Pa. LEXIS 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-workmens-compensation-appeal-board-pa-2000.