Gardner v. Van Buren Public Schools

517 N.W.2d 1, 445 Mich. 23, 1994 Mich. LEXIS 887
CourtMichigan Supreme Court
DecidedApril 19, 1994
DocketDocket Nos. 95531, 95532, 95536, (Calendar Nos. 11-13)
StatusPublished
Cited by36 cases

This text of 517 N.W.2d 1 (Gardner v. Van Buren Public Schools) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardner v. Van Buren Public Schools, 517 N.W.2d 1, 445 Mich. 23, 1994 Mich. LEXIS 887 (Mich. 1994).

Opinions

Cavanagh, C.J.

I. INTRODUCTION

The issue presented in these cases calls upon the Court to construe MCL 418.301(2); MSA 17.237(301)(2).1 Specifically, we must decide whether the statute requires an objective or subjective analysis when examining the significance of "actual events of employment” in determining the compensability of mental disabilities.

We hold that to establish a compensable mental disability claim, pursuant to MCL 418.301(2); MSA 17.237(301)(2), a claimant must prove: (1) a mental disability; (2) arising out of the actual events of employment, not unfounded perceptions thereof; [28]*28and that (3) those events contributed to, aggravated, or accelerated the mental disability in a significant manner.

All that is statutorily required are "actual events of employment,” even if objectively unimportant, that contribute to, aggravate, or accelerate a mental disability in a significant manner.

Although the statutory test embodied in MCL 418.301(2); MSA 17.237(301)(2), does contain objective elements, it is not a purely objective test. If one concentrates on the individual worker, as opposed to an average worker, the statutory test has substantial subjective elements as well.

II. FACTS AND PROCEDURAL HISTORY

All three of these worker’s compensation cases involve mental disability claims based on MCL 418.301(2); MSA 17.237(301)(2). All the plaintiffs allege that events and or stress from their respective jobs contributed to, aggravated, or accelerated their mental disability. All three claim a date of injury after January 1, 1982, the effective date of MCL 418.301(2); MSA 17.237(301)(2).

There being no showing of fraud, we take the factual findings of the Worker’s Compensation Appeal Board as conclusive. Const 1963, art 6, §28.

A. BACH v FLINT BOARD OF EDUCATION

Plaintiff worked for two years as a secretary for one of defendant’s elementary schools where Sandra Epps was the principal. She testified that her relationship with Epps initially was cordial. In fact, her first performance review conducted by Epps indicated that she was a satisfactory employee. However, plaintiff soon began to feel alien[29]*29ated. She testified that her emotional and physical problems began in late September or early October of 1981.

Plaintiff felt that Epps was unresponsive to her questions, and she claimed that, at times, Epps snapped at her or answered her questions harshly. Plaintiff also alleged that a number of specific work events added to her feelings of alienation.

One such event occurred when Epps had all members of the staff switch jobs for half a day. Plaintiff performed the duties of a math teacher. She claimed that this made her feel uncomfortable because teaching math was not her job. Another event occurred when Epps had plaintiff tell a substitute teacher that the teacher was fired. Plaintiff initially refused, but Epps told her to think of some excuse and eventually made her dismiss the substitute. Plaintiff claimed that this event upset her. Similarly, she also claimed that Epps had her tell callers that Epps was not in when she was, and that this made her feel uneasy.

Another event involved a school bulletin board. Plaintiff maintained a bulletin board and changed the posted information monthly. Once, when school district administrators were visiting, Epps took responsibility for the bulletin board herself. Plaintiff felt that Epps had done a poor job on the bulletin board and that Epps had shown it off as a "fantastic job.” Epps failed to acknowledge plaintiff’s contribution in the day-to-day maintenance of the bulletin board. This upset her.

One of the most significant events involved plaintiff’s second performance review. She was disturbed by the fact that the second review showed no improvement. She felt that she had made significant improvement in her performance between reviews. Epps’ failure to acknowledge plaintiff’s perceived improvement upset her. Al[30]*30though she did not say anything at first, she eventually did write a letter to Epps indicating her disappointment. When Epps failed to acknowledge receiving the letter, she approached Epps about the issues she had raised. Plaintiff and Epps discussed the letter, but she left with the impression that the discussion had been fruitless. Their relationship continued to deteriorate after that meeting.

Plaintiff developed headaches and stomach pains, had irregular sleeping patterns, and became depressed. She lost weight, stayed in bed, and stopped doing household chores. After December 1981, she only went to work one or two times a week. Her mental condition steadily worsened. Her last day of work was February 3, 1982.

Epps testified that she was never aware of plaintiff’s discomfort. Epps explained her telephone policy, that plaintiff had seemed to enjoy switching jobs for a half day, that numerous people shared responsibility for the bulletin board, and that she deleted some of the comments she made in plaintiff’s second performance review after meeting with plaintiff.

Expert testimony went both ways regarding whether plaintiff was mentally disabled. Two doctors diagnosed two different forms of depression; another believed plaintiff was not suffering from any active psychiatric disorder.

The wcab denied plaintiff’s claim because, under MCL 418.301(2); MSA 17.237(301)(2), it was not convinced that plaintiff’s disability was related to actual events of employment that plaintiff accurately perceived. The Court of Appeals affirmed the decision of the wcab.

Actual "events” did occur in the course of plaintiff’s employment. But the meaning plaintiff [31]*31ascribed to these events, which was the basis for the concerns that led to her claimed disability, was not necessarily accurate. There was no convincing showing that Epps was dissatisfied with plaintiff’s work or that Epps would not willingly answer plaintiff’s questions. There was no convincing evidence showing that plaintiff’s working relationship with Epps deteriorated as plaintiff thought it did. [197 Mich App 247, 251; 494 NW2d 815 (1992).]

That Court concluded that the evidence, when viewed from an objective standard, did not support plaintiff’s claim for compensation.

B. BOYLE v DETROIT BOARD OF EDUCATION

For nearly thirty years, plaintiff worked for defendant as a teacher. During the bulk of his last fifteen years, he was an art teacher at Cooley High School.

Plaintiff testified that his mental distress began in the seventies. Student conduct markedly declined, and his art class became a "dumping ground” for problem students who were failing other subjects. He flunked eighty to ninety percent of his students in some classes because of high absenteeism or inattention. He testified that tardiness was also a serious problem; students in his first-hour classes would straggle in thirty or forty minutes late. Plaintiff found the tardiness problem to be very stressful.

Plaintiff was also upset by incidents that occurred in his classroom when he was not using it. He shared the room with another teacher, Robert Williams. Plaintiff felt that Williams did not maintain proper control of his students.

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Bluebook (online)
517 N.W.2d 1, 445 Mich. 23, 1994 Mich. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-van-buren-public-schools-mich-1994.