Estate of Babb v. GTE Sylvania, Inc.

417 So. 2d 545
CourtMississippi Supreme Court
DecidedJuly 21, 1982
Docket53262
StatusPublished
Cited by1 cases

This text of 417 So. 2d 545 (Estate of Babb v. GTE Sylvania, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Babb v. GTE Sylvania, Inc., 417 So. 2d 545 (Mich. 1982).

Opinion

417 So.2d 545 (1982)

Legal Heirs and/or ESTATE OF Wilbert B. BABB, Deceased
v.
GTE SYLVANIA, INC. (Zinsco Electrical Products of Mississippi) and American Motorists Insurance Company.

No. 53262.

Supreme Court of Mississippi.

July 21, 1982.

*546 Charles W. Witt, John C. Underwood, Jr., Taylor, Witt & Underwood, Jackson, for appellant.

Dan McCullen, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, for appellees.

Before WALKER, P.J., and BROOM and ROY NOBLE LEE, JJ.

ROY NOBLE LEE, Justice, for the Court:

William B. Babb filed a claim for workmen's compensation benefits (motion to controvert) on March 9, 1978, alleging that he suffered emotional trauma in the scope of his employment during the period from April 1, 1976, to November 23, 1976. On April 4, 1978, Babb committed suicide by a self-inflicted gunshot wound to the head, and his motion to controvert was revived in the name of his estate. On August 11, 1978, Mrs. Sara Babb, his widow and only dependent, filed a second motion to controvert, seeking compensation benefits as a result of his death. The employer/carrier, GTE Sylvania, Inc. [GTE] and American Motorist Insurance Company, filed separate answers.

The hearing was held before an administrative judge, who heard lay and medical testimony, found that Babb's injury was causally connected to his employment, and awarded compensation benefits. The employer/carrier appealed to the full Commission which reversed the administrative judge's order, holding that Babb's injury and death were not shown by clear evidence to be causally connected with his employment. The claimant appealed to the Circuit Court of the First Judicial District of Hinds County, Honorable William F. Coleman, presiding, which court affirmed the order of the full Commission, and the claimant has appealed here.

I.

The claimant contends that the findings and order of the Mississippi Workmen's Compensation Commission are contrary to law and are not supported by substantial evidence, and the judgment of the lower court and the order of the Workmen's Compensation Commission should be reversed.

Babb was a married male, who was born August 1, 1930. He started working for Presto Manufacturing Company in 1957 on an assembly-line operation making small appliances, and later became supervisor in the assembly line. He left Presto in 1969 and went to work for Zinsco as foreman on the assembly line. Zinsco was in the business of manufacturing electrical distribution equipment and transformers and was purchased by GTE Sylvania, Inc. about 1974. Babb continued as an assembly-line foreman for GTE.

Babb had suffered physical disabilities through the years as follows:

(1) Lumbar disc surgery in May, 1957.

(2) Lumbar disc surgery in September, 1974.

(3) Chronic peptic ulcer disease since the mid-1950's with confinement at Doctors' Hospital for ulcer problems in 1958, 1970, 1974, and 1975.

(4) In August, 1975, he suffered perforation of the ilium because of a lodged fishbone *547 and suffered an exploratory laparotomy and removal of a part of the small bowel.

(5) Hospitalization from January 12 to January 27, 1976, with a chronic duodenal ulcer, which necessitated surgical procedure.

(6) Hospitalization at St. Dominic's-Jackson Memorial Hospital from May 11 to May 16, 1976, for a heart problem.

When Babb had the surgical procedure January 12, 1976, he took a leave of absence from January 12 until March 15, 1976, aggregating nine (9) weeks. He was on sick leave again from May 17 through June 11, 1976, missing four (4) weeks. On his return to work, he was transferred from a special work project in the stockroom, where he was employed at the time of his illness, to the Quality Control Department, where he worked until he left the employ of the company around Thanksgiving, 1976.

Appellants contend that Babb sustained a compensable injury which was caused by pressures of work from April 1 to November 23, 1976.[1] Evidence, both lay and expert, for appellant and appellee are in conflict. The appellant introduced Dr. James Edward Ruff, a psychiatrist, as an expert witness and an attending physician of Babb. He first examined Babb upon referral of Dr. James Crosthwait, a cardiologist, and followed the patient until his death. Dr. Ruff testified that, in his opinion, Babb's psychological difficulties had rendered him permanently and totally disabled by February, 1977, and he causally-connected Babb's psychological disorders to the stresses with which deceased had to deal, primarily, the stress from his job. He also testified that Babb's mental disorder and ultimate suicide were probably causally-connected to the problems he encountered in his work activities with GTE and that Babb was probably not responsible for his actions at the time of his suicide.

Dr. Richard W. Naef never examined Babb, but he reviewed twelve (12) exhibits, including hospital records, which will be enumerated hereafter, and expressed the opinion there was no causal connection between Babb's mental condition and subsequent death, and his employment. The Commission's order denying compensation benefits was based in large part upon the testimony of Dr. Naef. The Commission made the following finding on that testimony:

Dr. Richard W. Naef, a psychiatrist and neurosurgeon, testified based on his examination of various exhibits introduced in this cause.[10] From his review of the exhibits, which reflect the extensive and prolonged history of deceased's medical and psychological problems, Dr. Naef testified deceased had been an extremely anxious person throughout his adult life and suffered numerous physical disorders, some of which were psychogenic in origin. He testified deceased regressed in 1976 into a pronounced mental and emotional illness, displaying extreme anxiety, maladaptive behavior and neurotic manifestations of emotional disturbance.
According to Dr. Naef, deceased became increasingly ill and depressed, and his depression, along with his inability to cope with his physical illnesses, family problems and financial difficulties, led deceased to choose suicide as a solution to his problems.
Dr. Naef testified deceased had psycho-physiologic gastrointestinal disorder and duodenal-peptic ulcer disease since 24 years of age. In April, 1975, six months after deceased's back surgery, deceased developed serious complications from the ulcer and required hospitalization. In June, 1975, deceased required emergency surgery because of an accidental perforation of the ilium by a fish bone. In Dr. Naef's opinion, this emergency surgery was an unexpected source of stress which heightened deceased's concern for his health. Six months later, deceased again developed serious complications from his chronic duodenal ulcer requiring surgery to re-section the vegas nerves and decrease *548 acid production in the stomach. Five months later, May, 1976, deceased was hospitalized for substernal chest pain. At that time, deceased suffered not only "cardiac neurosis" (an unrealistic fear of having heart disease) but other symptoms as well; weight loss, generalized weakness, lack of stamina and recurring chronic epigastric pain.
Dr. Naef testified that, in his opinion, deceased's behavior in response to his illnesses indicated severe personality disorder. Deceased was unable to train himself to alter his eating habits to maintain adequate nutrition, and he became malnourished from not eating enough.

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