Gardner v. Van Buren Public Schools

494 N.W.2d 845, 197 Mich. App. 265, 1992 Mich. App. LEXIS 446
CourtMichigan Court of Appeals
DecidedDecember 7, 1992
DocketDocket 134246
StatusPublished
Cited by6 cases

This text of 494 N.W.2d 845 (Gardner v. Van Buren Public Schools) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals 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, 494 N.W.2d 845, 197 Mich. App. 265, 1992 Mich. App. LEXIS 446 (Mich. Ct. App. 1992).

Opinions

Doctoroff, C.J.

The Workers’ Compensation Appeal Board ordered an open award of benefits for plaintiff after finding that he was mentally disabled, that he received personal injuries in the course of his employment, and that his employment significantly aggravated his mental condi[267]*267tion. We find error requiring reversal in the wcab’s reasoning pertaining to plaintiff’s personal injuries and their causation.

Plaintiff worked as a custodian for defendant from February 1978 until June 4, 1984. He worked at a high school from 1978 until the summer of 1981. He then worked at the South Junior High School until December of 1983. During the summer of 1983, plaintiff worked at the North Junior High School, but he returned to the South Junior High School in September 1983 and continued to work there until his last day of work in June 1984. The evidence was almost overwhelming that plaintiff was an unpleasant, and probably threatening, person, as well as a poor employee. Plaintiff had at least four supervisors, and they all complained about plaintiff’s work performance. Fellow employees complained about plaintiff’s conduct. The wcab found plaintiff was a "poor employee” and recognized that the testimony indicated that plaintiff was "a volatile, profane person who was a poor employee.”

Plaintiff’s petition alleged constant harassment leading to a psychiatric disability. He alleged numerous events or incidents in support of his claim. These included plaintiff’s fellow employees being jealous of his expensive home, supervisors and other employees making false accusations about plaintiff threatening people, plaintiff at times being given conflicting instructions by his supervisor and the school principal at the South Junior High School between the summers of 1981 and 1983, and the head supervisor offering employees paid days off in exchange for helping to get rid of plaintiff. Many of plaintiff’s specific claims of harassment were flatly denied by those involved; other claims were explained as something less than what plaintiff perceived. The wcab did not [268]*268find that plaintiff was harassed and it did not make specific findings (one way or the other) regarding most of plaintiff’s allegations. The allegations of harassment and of an "elaborate” plot or scheme to fire him that he repeatedly mentions in his brief were never substantiated by the wcab.

Rather, the wcab found two "occasions” involving "incidents” that significantly affected plaintiff’s psychiatric disability. The wcab found plaintiff was injured by "the fact that plaintiff was required to be subjected to a grievance hearing in regard to excess work and the fact that plaintiff was checked up on by his superiors.” With regard to the grievance hearing, which occurred in the winter of 1983, the wcab found that it was held at plaintiff’s request and that it resulted in a reduction in plaintiff’s assigned duties. The "excess” work involved was due to increased work loads assigned to all employees as the result of layoffs.

With regard to "checking up on” plaintiff, the wcab found the head supervisor, Ed Randolph, requested plaintiff’s supervisor during the summer of 1983, Hattie Owens, to find plaintiff’s license plate number, that Owens requested another employee, Dan Daily, to help her, and that Randolph promised to "take care of’ Owens if she helped Randolph. Randolph testified that he wanted to check whether plaintiff was working another job because of rumors Randolph had heard and because plaintiff had accumulated numerous unexplained absences. Randolph further testified that by "taking care of’ Owens he had in mind letting her arrive late or leave early when she needed to. But Daily testified that he told plaintiff that he had been asked to "keep an eye on” plaintiff and that he had been offered paid time off if he could get plaintiff’s license plate number. The "investiga[269]*269tion” apparently never occurred once Daily informed plaintiff of what Owens had asked.

The wcab additionally found that plaintiff received an injury when he was "checked up on” in the form of Randolph ordering plaintiff’s first supervisor at South Junior High School to keep a record of plaintiff’s work performance. There is no evidence in the record that plaintiff was aware of this order, and plaintiff never mentioned it at trial or to either of the doctors that testified.

On the basis of the testimony of psychiatrist Richard Feldstein, the wcab found that these injuries significantly aggravated plaintiff’s mental condition. Dr. Feldstein opined that there was a significant cáusal relationship between the stresses plaintiff experienced at work and plaintiff’s mental disability. The doctor’s opinion was given in answer to a hypothetical question in which the doctor was asked to assume the accuracy of the history plaintiff had previously given the doctor and to assume, among other things, that one of plaintiff’s supervisors was "resentful of’ plaintiff and gave plaintiff "additional work loads beyond that which was the norm.” No specific mention was made in the hypothetical of the incident involving Dan Daily and plaintiff’s license plate number, but plaintiff did mention the incident as one of several examples of harassment when he gave Dr. Feldstein a history. The excess work load incident was not mentioned by plaintiff in the history he gave to Dr. Feldstein. Dr. Feldstein believed plaintiff’s claims of what happened at work were all true, and the doctor said that plaintiff had described suffering "abuse” at work.

The issues for the wcab in this case were whether plaintiff suffered a personal injury in the nature of an actual, precipitating, work-related trauma or event and whether such injury contrib[270]*270uted to, aggravated, or accelerated his mental disability in a significant manner. MCL 418.301(1) (2); MSA 17.237(301X1), (2), MCL 418.401(2)(b); MSA 17.237(401)(2)(b), Iloyan v General Motors Corp, 187 Mich App 595, 600; 468 NW2d 302 (1991). Defendant conceded that plaintiff was disabled. The issues of personal injury and causation were both issues of fact for the wcab. Dressler v Grand Rapids Die Casting Corp, 402 Mich 243, 250; 262 NW2d 629 (1978); Harris v Checker Cab Mfg Corp, 333 Mich 66; 52 NW2d 599 (1952); Lizut v Peerless Novelty Co, 74 Mich App 199; 255 NW2d 637 (1977). Factual determinations of the wcab are conclusive, absent fraud, if supported by any competent evidence in the record. MCL 418.861; MSA 17.237(861), Aquilina v General Motors Corp, 403 Mich 206, 213; 267 NW2d 923 (1978). Bearing in mind our lack of fact-finding authority, we nevertheless find error requiring reversal in the standard used by the wcab in finding that plaintiff suffered personal injuries and in the wcab’s finding regarding causation.

An objective analysis is used to determine whether a personal injury (usually in the form of a precipitating work-related event in mental disability cases) significantly affected an employee’s mental condition. Boyle v Detroit Bd of Ed, 197 Mich App 255; — NW2d — (1992); Sobh v Frederick & Herrud, Inc, 189 Mich App 24, 28; 472 NW2d 8 (1991). As in Sobh, in this case the wcab did not indicate why an objective person would find significant the two incidents that the wcab found satisfied the requirement of a personal injury.

The first incident found by the wcab involved plaintiff’s claim of being given excess work. The claimed excess work load was due to layoffs of employees that required all remaining employees to do more work than before.

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Related

Wilkins v. General Motors Corp.
517 N.W.2d 40 (Michigan Court of Appeals, 1994)
Gardner v. Van Buren Public Schools
517 N.W.2d 1 (Michigan Supreme Court, 1994)
Lombardi v. William Beaumont Hospital
502 N.W.2d 736 (Michigan Court of Appeals, 1993)
Gardner v. Van Buren Public Schools
494 N.W.2d 845 (Michigan Court of Appeals, 1992)

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Bluebook (online)
494 N.W.2d 845, 197 Mich. App. 265, 1992 Mich. App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-van-buren-public-schools-michctapp-1992.