Department of Public Welfare v. Workmen's Compensation Appeal Board

645 A.2d 950, 165 Pa. Commw. 683, 1994 Pa. Commw. LEXIS 393
CourtCommonwealth Court of Pennsylvania
DecidedJuly 12, 1994
StatusPublished

This text of 645 A.2d 950 (Department of Public Welfare v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Public Welfare v. Workmen's Compensation Appeal Board, 645 A.2d 950, 165 Pa. Commw. 683, 1994 Pa. Commw. LEXIS 393 (Pa. Ct. App. 1994).

Opinion

NEWMAN, Judge.

The Department of Public Welfare (DPW) and PIMCO, its insurer, appeal from an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s decision granting benefits to Charles J. O’Hargan (Claimant) pursuant to The Pennsylvania Workers’ Compensation Act (Act).1 We reverse.

FACTS

Claimant was employed by the Commonwealth from 1963 through 1984. In 1968, Claimant was transferred to the Warren State Hospital (Warren)2 where he was first [952]*952employed as a social worker. Claimant received several promotions over the years; and in 1978, he was named Director of Social and Rehabilitative Services. As the Director, Claimant was in charge of a staff of approximately fifteen case workers and coordinated the Medical Assistance Program for Patient Services.

In June of 1981, Claimant was named Acting Superintendent of Warren. Claimant was later appointed Superintendent in March of 1982, effective retroactively to December, 1981. Claimant and his family lived on the grounds of the hospital; and Claimant was “on call” twenty-four hours a day.

Claimant inherited problems of poor communication with DPWs office in Harrisburg, and there were pressures to reduce the patient population and the number of buildings at Warren. From the time of his appointment, Claimant was concerned about the pressures associated with the position and the fact that he did not have civil service protection. As the superintendent of the hospital, Claimant was no longer a civil servant but rather served at the pleasure of the Secretary of DPW. Claimant was also bothered by the fact that he was the first non-medical superintendent at Warren.

Although Claimant was responsible for operations at Warren, he was not without supervision from DPW. Claimant’s supervisor, Dale Newhart (Newhart), and his staff were located in Harrisburg; however, they visited the hospital frequently.

Periodically, Warren underwent accreditation and Medicare reviews. Because approximately $7 million in federal funding depended on annual passage of Medicare certification, Claimant worked fourteen to fifteen hours a day for six to seven days per week during the months preceding the 1982 Medicare review.

In 1983, there was a joint commission review; and the pressures of the review process culminated for Claimant during August of that year. Claimant became extremely depressed and discussed his problems with Newhart. Thereafter, Newhart arranged for two psychiatrists to visit Claimant at Warren; and pursuant to their recommendation, Claimant voluntarily admitted himself to Lankenau Hospital for treatment of depression.3 Forty-one days after admission, Claimant was discharged with a good prognosis.

Following his discharge, Claimant resumed his duties as superintendent. However, Claimant was concerned that he was labeled a “sick person.” For instance, when Jamie Cushey, R.N., joined the hospital staff to assist him, Claimant believed that Nurse Cushey was hired to investigate him. At Claimant’s request, Nurse Cushey left the facility in April of 1984.

In June of 1984, the hospital passed the Medicare review with good results. However, during July and the beginning of August 1984, Claimant was involved in a number of incidents that caused great concern to Warren’s executive staff. Many of these events were verified by Claimant’s wife and daughter, and none was refuted by Claimant. Specifically, Claimant’s wife testified that “instead of easing up, it just seemed that [Claimant’s] mind and body just kept speeding up.” Notes of Testimony of April 20, 1988 at 158. Claimant also testified that he felt that constant pressure was being placed on him by his superiors, and staff members told him that he was “trying to do too much” and that he “should slow down.” Notes of Testimony of October 14, 1987 at 53-54. Claimant further testified that his eating and sleeping habits were poor. Id.

The staff reported to Newhart that Claimant’s behavior was becoming increasingly aggressive and threatening. As such, on August 3, 1984, Newhart sent a psychiatrist, John F. Mitchell, M.D., to observe Claimant at work and to report on Claimant’s emotional state.

Although Claimant was initially told that Dr. Mitchell was coming to evaluate the staff, Claimant was told the true nature of the doctor’s visit upon his arrival. Claimant was greatly disturbed that Dr. Mitchell came to [953]*953evaluate him. After Claimant met with Dr. Mitchell, Claimant asked Dr. Mitchell to state a conclusion regarding his mental condition. Dr. Mitchell told Claimant that he was not prepared to do so at that time, and Claimant called him “a little twerp.” N.T. of 4/20/88 at 166.

After Dr. Mitchell’s visit, Claimant’s condition rapidly deteriorated. Claimant had hallucinations, experienced difficulty sleeping and, at times, was irrational, delusional4 and hyperactive. Claimant offered to resign from his position at Warren, but Newhart told him not to make any hasty decisions.

Thereafter, Claimant told Newhart that he would voluntarily seek treatment, and Claimant arranged for admission to the Cleveland Clinic for a sleep disorder. However, in the interim, Claimant’s erratic behavior prompted five members of Warren’s executive staff to petition for the involuntary emergency examination and treatment of Claimant pursuant to Section 301 of the Mental Health Procedures Act, Act of July 9,1976, P.L. 817, as amended, 50 P.S. § 7301.5

While Claimant and his family were preparing to leave for vacation and the Cleveland Clinic on August 7, 1984, two members of the Warren County Sheriffs office came to Claimant’s home with the involuntary commitment papers. Members of the executive staff were also present and discussed the commitment with Claimant for two hours. The executive staff was concerned about the safety of Claimant and his family, and they did not feel that Claimant should be driving in his condition.

Claimant was then taken to the Western Psychiatric Institute and Clinic (Western), in Pittsburgh. Before committing Claimant, a doctor at Western evaluated Claimant and concluded that he posed a clear and present danger, which resulted in an initial admission of 120 hours. See 50 P.S. § 7302(d). Thereafter, the physicians at Western filed a petition for extension of involuntary treatment, which was granted by the Court of Common Pleas of Allegheny County. See 50 P.S. § 7303(a).

Twenty-one days after his admission, Claimant was discharged from Western. Newhart, however, determined that Claimant should not return to his position as superintendent of Warren. Thus, Claimant was offered a new position at Woodville State Hospital as Assistant Director of Social and Rehabilitative Services. Claimant did not accept this position but tendered his resignation as superintendent of Warren and elected an early retirement.

Thereafter, Claimant lived in Puerto Rico and later moved to Florida where he has resided since April 1986. In April of 1988, Claimant accepted a position as a case worker at the Charlotte County Mental Health Clinic. However, after one day, Claimant was unable to handle the stress associated with the position, and he did not return. Claimant has not been gainfully employed since August 6, 1984.

PROCEDURAL HISTORY

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645 A.2d 950, 165 Pa. Commw. 683, 1994 Pa. Commw. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-public-welfare-v-workmens-compensation-appeal-board-pacommwct-1994.