Driscoll v. Workmen's Compensation Appeal Board

578 A.2d 596, 134 Pa. Commw. 206, 1990 Pa. Commw. LEXIS 399
CourtCommonwealth Court of Pennsylvania
DecidedJuly 24, 1990
StatusPublished
Cited by10 cases

This text of 578 A.2d 596 (Driscoll 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
Driscoll v. Workmen's Compensation Appeal Board, 578 A.2d 596, 134 Pa. Commw. 206, 1990 Pa. Commw. LEXIS 399 (Pa. Ct. App. 1990).

Opinion

*208 DOYLE, Judge.

Ronald Driscoll (Claimant) appeals an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s denial of compensation for a psychiatric disability under Section 301(c) of The Pennsylvania Workmen’s Compensation Act (Act). 1

The issue, as presented by the Claimant, is whether the facts as found by the referee establish that the Claimant has met his burden of proving that he was subjected to abnormal working conditions. The referee found the following facts:

“1. On August 21,1987, the claimant, Ronald J. Driscoll, filed a Claim Petition alleging that, as of April 25, 1987, he sustained psychiatric injuries rendering him unable to work. Claimant contends that his psychiatric injuries resulted from the policies of his employer and the employer’s treatment of him.
“2. Claimant worked for the employer, The City of Pittsburgh, [for] approximately twenty-six years, from 1962 to 1987. The claimant began working for the employer in 1962 as a fire alarm operator with a group of approximately fifteen other workers and under the City’s Department of Public Safety. Claimant's job as a fire alarm operator entailed receiving fire calls, dispatching equipment, and handling electrical problems, rectifiers, back-ups for the fire system, and various things connected with multiple alarms or gas conditions with regard to fire equipment and public safety. Claimant performed primarily the same job from 1962 until 1977.
“3. In 1977 the claimant experienced a job change and from 1977 through 1980, claimant worked as acting chief operator. Claimant’s job as Acting Chief Operator entailed scheduling manpower, supervising modifications done on equipment changes inside, and disciplining personnel.
“4. In 1980, claimant’s job title changed to Fire Dispatch Supervisor and he received a pay increase. Claimant’s job *209 duties were primarily the same, but with a different title. Claimant worked as a Fire Dispatch Supervisor from 1980 until January 1, 1987.
“5. In 1986, a general city-wide reorganization of the City [Public] Safety Department occurred involving police, fire and other public [services]. The reorganization resulted in a combination of the fire dispatch services, 911 radio dispatch services, and index. After the reorganization, claimant was given supervisory capacity over both fire dispatch and police 911 dispatch. Claimant’s title at that time remained that of Fire Dispatch Supervisor.
“6. Claimant was found to be credible when he testified that his job as a Fire Dispatch Supervisor was stressful and that his increased supervisory capacity over the police dispatch 911 increased the amount of stress, particularly because claimant was not familiar with police dispatch services, which are different from fire dispatch services. Claimant worked in that combined supervisory capacity until November 1986.
“7. In November of 1986, claimant was assigned to Re-act system, a computer system designed to handle some of the problems with alarm supervision. Claimant worked in the Re-aet system from November, 1986 until May, 1987. Claimant was still classified as a supervisor, though his duties were no longer supervisory.
“8. On or about January 1, 1987, claimant was notified that in November the job as Fire Dispatch Supervisor would be eliminated and that claimant was to go back as a dispatcher, and back into the Union. From 1977 until the beginning of 1987, claimant had worked in a management capacity.
“9. On April 23, 1987, a new seniority list was published. Out of eighty positions, claimant’s position was listed as seventy-two in terms of seniority. Claimant was found to be credible when he testified that of the seventy-two people ahead of him in seniority, most of them had worked for the city for six months to a few years, the longest having *210 worked for the city for approximately fifteen years. Claimant was found to be credible when he testified that many of the seventy-two workers listed ahead of him in seniority, were people that he had previously trained and supervised. Claimant was also found to be credible when he testified that the position of seventy-two on the seniority list meant that he lost bargaining rights, vacation picks, and pass day picks.
“10. At the beginning of May, 1987, claimant’s work at the Re-act system began to wind down and he was required to go back to being a dispatcher.
“11. On May 13, 1987, the claimant sought medical attention from his family doctor, Dr. Bamonte, who referred claimant to a psychiatrist Dr. Christopher M. Erstling. Claimant saw Dr. Erstling on June 5, 1987 and again on June 16, 17 and 18, 1987.
“12. Claimant’s last day of work for the employer was June 6, 1977 [sic]. At that time, claimant earned $27,180.00 per year.
“13. The claimant was admitted to St. Francis Hospital on July 2, 1987 and remained there until July 16, 1987. During his stay at St. Francis Hospital, claimant’s attending physician was Dr. Melvin P. Melnick, a psychiatrist. Claimant continues to receive psychiatric treatment from Dr. Melnick.
“14. Melvin P. Melnick, M.D. testified on the claimant’s behalf. Dr. Melnick’s acute diagnosis of claimant was that of an adjustment disorder, meaning an emotional reaction in response to events. Dr. Melnick’s second level of diagnosis of claimant was that of underlying personality disorder, which is a paranoid personality. Dr. Melnick opined unequivocally that the events which triggered claimant’s adjustment disorder occurred at his place of employment.
“15. Dr. Melnick further opined that it is quite possible that if the same events at work occurred to someone who is not suffering from a paranoid personality disorder, there might be no resulting adjustment disorder. Dr. Melnick *211 opined that claimant’s paranoia made him particularly brittle, that is, unable to view circumstances from different points of view creatively. Dr. Melnick opined that it would be very hard for anyone to move from being Supervisor to the bottom of the totem pole, but it might be possible for someone who is not paranoid to take a different view of life or to look for other sources of satisfaction.
“16. Dr. Melnick opined that claimant would never be able to work in the capacity of dispatcher to which he had been reassigned, because the psychopathology from which he had some relief would return and his paranoia would increase.
“17. When asked, on cross examination, how a reasonable person would have acted under such circumstances, Dr. Melnick opined that most people would not have reacted in the way claimant reacted. Dr. Melnick further opined, on cross-examination, that claimant’s paranoia renders him likely to have a distorted perception so that things would seem worse to him than they might seem to a person who is not paranoid.

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Bluebook (online)
578 A.2d 596, 134 Pa. Commw. 206, 1990 Pa. Commw. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/driscoll-v-workmens-compensation-appeal-board-pacommwct-1990.