Harvey v. Raleigh Police Department

355 S.E.2d 147, 85 N.C. App. 540, 1987 N.C. App. LEXIS 2599
CourtCourt of Appeals of North Carolina
DecidedMay 5, 1987
Docket8610IC891
StatusPublished
Cited by24 cases

This text of 355 S.E.2d 147 (Harvey v. Raleigh Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harvey v. Raleigh Police Department, 355 S.E.2d 147, 85 N.C. App. 540, 1987 N.C. App. LEXIS 2599 (N.C. Ct. App. 1987).

Opinion

GREENE, Judge.

In February of 1978, the Raleigh Police Department hired Michael Wichmann as a police officer. Four years later, Wichmann committed suicide. His widow instituted this action under the Workers’ Compensation Act.

When Wichmann applied for the position of police officer in January of 1978, he took some psychological tests. The tests revealed no signs of anxiety or depression. However, during the last six months of his life, Wichmann suffered from anxiety, impotence, fatigue, and indigestion and often had violent outbursts of anger. The outbursts occurred right after he would arrive home after his shift at the department. Several times after 1978, he threatened suicide —sometimes over what would seem to be a small problem arising out of his work.

At the initial hearing before the Deputy Commissioner, Dr. Bruce L. Danto testified for the plaintiff. He was tendered as an expert in psychiatry, suicidology and police stress. Dr. Danto indicated he had never seen or spoken with Wichmann but had performed a “psychological autopsy” on the decedent. A psychological autopsy involves interviewing family members and reviewing records —generally employment records, school records and psychiatric notes. Its purpose is to determine the probable cause of death or the person’s state of mind at the time of the death. Dr. Danto testified he had conducted hundreds of psychological autopsies during his practice.

Dr. Danto was of the opinion that Wichmann suffered from a dysthymic disorder (depression), that his employment significantly contributed to the disorder and that the disorder was the direct cause of his suicide. Dr. Danto also testified to the amount and type of stress police officers are exposed to compared to the general public.

Dr. John McCall was tendered as an expert in psychology and testified for the employer. Dr. McCall was of the opinion that it is not possible to positively diagnose a mental illness not *542 diagnosed prior to a person’s death. He also expressed his opinion that the stress to which law enforcement officers are exposed is not significantly different from the stress to which other professional persons are exposed. Dr. McCall indicated there were many stressors in Wichmann’s life, including some not related to his employment. He did not know which one caused Wichmann to commit suicide.

The Deputy Commissioner found for plaintiff and awarded her compensation, attorney fees, burial expenses, Dr. Danto’s witness fee and the costs of Danto’s deposition. Defendant appealed to the Full Commission.

On review, the Commission vacated the Deputy Commissioner’s award, denied plaintiff s claim and taxed the costs of Dr. Danto’s deposition to the defendant. Plaintiff appeals from the denial of her claim.

This Court’s review is limited to whether there was competent evidence before the Commission to support its findings of fact, whether the findings justify the Commission’s conclusions and whether the conclusions support the Commission’s decision. Henry v. A. C. Lawrence Leather Co., 231 N.C. 477, 479, 57 S.E. 2d 760, 762 (1950). The issues before us concern the Commission’s conclusions, the competency of Dr. Danto’s testimony and whether the Commission erred in ordering the defendant-employer to pay the costs of Dr. Danto’s deposition. The Commission’s conclusions will be addressed in the first three sections. The pertinent conclusion is set out in italics at the beginning of each section.

I

1. The employee’s death was not due to a compensable disease within the meaning of G.S. 97-53(13).

This conclusion is not supported by the findings of fact for two reasons. First, the Commission failed to determine whether Wichmann had a dysthymic disorder.

The Industrial Commission is required to make specific findings with respect to crucial facts upon which the question of plaintiffs right to compensation depends. Gaines v. L. D. Swain & Son, Inc., 33 N.C. App. 575, 579, 235 S.E. 2d 856, 859 (1977), citing Smith v. Construction Co., 27 N.C. App. 286, 218 S.E. 2d 717 (1975).

*543 Plaintiffs claim is based on her allegation that her husband’s suicide was the result of a dysthymic disorder caused by his employment. Thus, whether Wichmann suffered from a dysthymic disorder is a crucial fact.

On this question, the Commission only found:

The deceased employee never sought medical attention or professional care for any dysthymic disorder or depressive reaction or depression while he was alive and was never diagnosed while living by any medical professional as being depressed.

The Commission’s finding merely recites evidence presented at the hearing. Whether Wichmann sought medical attention or was diagnosed before his death does not answer the issue of whether Wichmann suffered from a dysthymic disorder. Therefore, the Commission failed to determine a crucial fact.

Second, there are no findings adequate to support a conclusion that if Wichmann had a dysthymic disorder, it was not an occupational disease.

An occupational disease can be:

Any disease . . . which is proved to be due to causes and conditions which are characteristic of and peculiar to a particular trade, occupation or employment, but excluding all ordinary diseases of life to which the general public is equally exposed outside of the employment.

N.C.G.S. Sec. 97-53(13) (Nov. 1985).

Three conditions must be met for a disease to be occupational under Section 97-53(13). The disease must be:

(1) characteristic of persons engaged in the particular trade or occupation in which the claimant is engaged; (2) not an ordinary disease of life to which the public generally is equally exposed with those engaged in that particular trade or occupation; and (3) there must be “a causal connection between the disease and the [employee’s] employment.”

Rutledge v. Tultex Corp., 308 N.C. 85, 93, 301 S.E. 2d 359, 365 (1983) (citations omitted). The first two elements are met “if, as a matter of fact, the employment exposed the worker to a greater *544 risk of contracting the disease than the public generally.” Id. at 93-94, 301 S.E. 2d at 365. The third is satisfied if the employment “significantly contributed to, or was a significant causal factor in, the disease’s development. This is so even if other non-work-related factors also make significant contributions, or were significant causal factors.” Id. at 101, 301 S.E. 2d at 369-70.

Evidence before the Commission was that stress, or stress-ors, caused dysthymic disorders. The Commission found that “[m]any occupations expose one to stressors, including the occupation of a law enforcement officer .... Stressors are not unique to the occupation of a law enforcement officer.” Defendant interprets this finding to mean that dysthymic disorders are not unique to law enforcement employment.

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Bluebook (online)
355 S.E.2d 147, 85 N.C. App. 540, 1987 N.C. App. LEXIS 2599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harvey-v-raleigh-police-department-ncctapp-1987.