Detjen v. Workmen's Compensation Appeals Board

42 Cal. App. 3d 470, 116 Cal. Rptr. 860, 33 Cal. Comp. Cases 707, 1974 Cal. App. LEXIS 1240
CourtCalifornia Court of Appeal
DecidedOctober 11, 1974
DocketCiv. No. 13742
StatusPublished
Cited by4 cases

This text of 42 Cal. App. 3d 470 (Detjen v. Workmen's Compensation Appeals Board) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Detjen v. Workmen's Compensation Appeals Board, 42 Cal. App. 3d 470, 116 Cal. Rptr. 860, 33 Cal. Comp. Cases 707, 1974 Cal. App. LEXIS 1240 (Cal. Ct. App. 1974).

Opinion

Opinion

KAUFMAN, J.

Petitioner (“Employee”) seeks review of an order granting reconsideration and decision after reconsideration of the Workmen’s Compensation Appeals Board (“Board”). We granted the petition for writ of review to examine the action of the Board in light of Lamb v. Workmen’s Comp. Appeals Bd., 11 Cal.3d 274 [113 Cal.Rptr. 162, 520 P.2d 978]. After mature reflection, we have concluded that the order and decision of the Board must be annulled.

For approximately five years, Employee was employed by Montgomery Ward & Company, Inc. (“Employer”) as a chief PBX operator. Employer is permissibly self-insured for workmen’s compensation purposes.

Between February 7 and May 22, 1970, as a result of emotional conflicts in her employment and with a particular supervisor, superimposed upon an underlying personality disorder, Employee suffered an industrially caused neurosis. By order of the Board dated June 15, 1971, Employee was awarded temporary disability benefits and medical treatment. After a further hearing on January 19, 1973, a referee’s order of February 21, 1973, found Employee still temporarily disabled. Employer petitioned the Board for reconsideration. The petition was granted and in its decision on reconsideration dated March 28, 1973, the Board found that Employee’s temporary disability ceased as of November 10, 1972, and that the injury [473]*473caused no permanent disability. The Board relied upon the reports of Dr. Braverman, the treating physician chosen by Employee. In his report of November 10, 1972, he stated: “At this time, she has dealt sucessfully with the problems deriving from her industrial difficulty. There are personality problems, as noted in previous reports, which she may prefer to work out on a private basis in psychiatric treatment. She has understood the nature of her psychosomatic ailments and has successfully resolved her complicated relationship, from an emotional point of view, with the Montgomery Ward Company, seeing that relationship in its fundamental-dynamic aspects. Her condition at this time is such that she may enter the labor market, or engage in a rehabilitation program to secure training in another area that would be appropriate for her. There do not appear to be any residual factors of disability traceable to her industrial claim at this time____”

Employee filed a petition for reconsideration of the Board’s order and decision of March 28,1973, which was denied by the Board. Employee did not seek judicial review of the order denying her petition for reconsideration.

Employee continued treatment with Dr. Braverman under the auspices of Medi-Cal. On June 26, 1973, Dr. Braverman reported: “As of this date, June 26, 1973, it is our opinion that Shirley Detjen’s psychiatric problems, attributable to the industrial difficulties, have been resolved and that what residual problems remain are attributable to long-standing personality makeup.”

On November 13, 1973, petitioner was sent by her attorney to another psychiatrist, Dr. Greenfield. Dr. Greenfield saw Employee on one occasion for approximately one hour and did not have the benefit of any prior medical information.

On January 23, 1974, Employee filed a declaration of readiness to proceed, which the parties stipulated could be treated as a petition to reopen for good cause. (See Lab. Code, § 5803.)

The petition to reopen came on for hearing on February 26, 1974. The primary evidence at the hearing consisted of Employee’s testimony, a report from Dr. Greenfield dated January 10,1974, and a report from Dr. Braver-man dated February 22, 1974. Employee testified that, although she was still being treated by Dr. Braverman, who was the physician of her choice, her condition had deteriorated since the last hearing. Dr. Greenfield’s report states in part: “Although as states [h'c] above, we only have Mrs. Detzen’s [ric] story as to what happened with her transfer to Oakland, [474]*474certainly something happened and it triggered a violent emotional response in Mrs. Detzen \sic\ which still is present . . . even to today she still has trouble with hysterical outbursts, insomnia, depression, weakness, tiredness and very poor concentration. It is my feeling that all of these are causally related to the incidents that occurred while working for Montgomery Ward approximately May 1970.”

Dr. Greenfield diagnosed Employee’s condition as “Depressive reaction,” “neurasthenic reaction,” and “hysterical conversion reaction,” and.it was his opinion that “[alll of these are causally related to the work injury of May 1970.”

The report of Dr. Braverman dated February 22, 1974, is eight pages in length. In substance, Dr. Braverman reported the reactivation of Employee’s symptoms which he attributed to the receipt by Employee of a recent letter relating to the reopening of her workmen’s compensation case. The report reads in pertinent part: “Psychiatric treatment is still indicated at this time on a once weekly or once every two week program. However, treatment should be directed exclusively towards the dealing with long term personality problems. The post-traumatic reaction, noted at time of first . . . evaluation (March 1972) has been resolved and but for the extreme suggestibility of Shirley, the symptoms described above would not have occurred, in response to the letter to ‘reopen the case’ ....

“Psychiatric disability is moderate, attributable primarily to the reactivation of symptoms, based on receipt of the letter to ‘reopen the case,’ as noted above. Shirley at this time as a result of receiving that letter and as a result of reactivation of symptoms is not able to function adequately in the labor market, although she was proceeding definitely in that direction, prior to receipt of the letter. [H] . . . As noted in previous correspondence from this clinic, Shirley has worked through in effect the post-traumatic effects attributable to the industrial problems. As noted, she had a long standing personality disturbance, marked by hysteric aspects, prior to the industrial difficulty. These hysteric features were also reactivated as a result of industrial problems and were worked through to the point where in therapy we were dealing with the core problems, in her personality, which long preceded the industrial difficulties. One of these core problems is Shirley’s extreme suggestibility, sensitivity, and responsiveness to the awakening of early traumas. The Montgomery Ward experience certainly provided such a ‘traumatic situation,’ which when revived, as a result of her suggestibility, by the receipt of the letter to ‘reopen,’ has brought about the post-traumatic symptoms which were previously quiescent, and defi[475]*475nitely worked through, in the course of her extensive treatment at this clinic. Therefore, it is my impression that Shirley’s difficulties at this time are attributable to her long standing suggestibility. . . .”

Following the hearing on the petition to reopen, the referee awarded Employee lifetime medical benefits together with permanent disability benefits based on a rating of 70 percent (100 percent with 30 percent being apportioned to her preexisting condition). Employer petitioned for reconsideration. The Board granted reconsideration and in its order and decision after reconsideration found that Employee had not established good cause to reopen and ordered that Employee take nothing except for medical-legal costs.

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Bluebook (online)
42 Cal. App. 3d 470, 116 Cal. Rptr. 860, 33 Cal. Comp. Cases 707, 1974 Cal. App. LEXIS 1240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detjen-v-workmens-compensation-appeals-board-calctapp-1974.