Hassell v. Onslow County Board of Education

661 S.E.2d 709, 362 N.C. 299, 2008 N.C. LEXIS 498
CourtSupreme Court of North Carolina
DecidedJune 12, 2008
Docket172A07
StatusPublished
Cited by33 cases

This text of 661 S.E.2d 709 (Hassell v. Onslow County Board of Education) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hassell v. Onslow County Board of Education, 661 S.E.2d 709, 362 N.C. 299, 2008 N.C. LEXIS 498 (N.C. 2008).

Opinions

HUDSON, Justice.

Plaintiff employee challenges the Industrial Commission’s (“Commission’s”) determination that she is not entitled to workers’ compensation benefits because her “generalized anxiety disorder” (“GAD”) is not an occupational disease pursuant to N.C.G.S. § 97-53(13). Guided by the well-established standard of appellate review, we hold that the Commission properly concluded that plaintiff’s condition is not an occupational disease because she failed to prove either that her work increased her risk of GAD or significantly contributed to it. Consequently, we affirm the denial of the claim.

From 1987 until February 2002, plaintiff was employed by the Onslow County Board of Education (“defendant”) as a school teacher. Plaintiff worked at the elementary school level until approximately 1996, when she began teaching at Dixon Middle School (“Dixon Middle”). During her time at Dixon Middle, plaintiff consistently had problems managing the classroom and maintaining order, which other teachers of the same students did not have. Plaintiff dreaded going to work because of student disciplinary problems and student disrespect for her, which included verbal and physical harassment. Parents and students complained to the administration about plaintiff’s performance as a teacher.

Over the course of her employment at Dixon Middle, plaintiff received numerous negative performance reviews and was required to enter into four “action plans,” which are mandated by law when a teacher ranks below the standard in any of the major teaching [301]*301functions. On 25 January 2002, plaintiff began her fourth action plan with defendant.

On 25 February 2002, a curriculum specialist observed plaintiff’s classroom and determined that plaintiff had failed to show improvement in the quality of her classroom instruction. In addition, plaintiff failed to submit timely information to the administration and missed a meeting with Dixon Middle’s principal to address these problems.

A few days later, the principal instructed plaintiff to continue working toward improving her classroom performance and told her that she was going to share the results of their meeting with the personnel department. The principal also asked plaintiff to sign a warning letter; plaintiff refused, left the school, and never returned to work. On 19 April 2002, plaintiff officially resigned her position with defendant, effective 3 June 2002.

In March 2002 psychologist Dennis Chestnut (“Dr. Chestnut”) examined plaintiff. Dr. Chestnut found that plaintiff was experiencing a severe emotional crisis, and he considered hospitalizing her. He diagnosed her with GAD, medically excused her from work, and stated that she was unable to return to teaching. Dr. Chestnut continued to treat plaintiff on an ongoing basis. He stated that in his opinion, plaintiff’s “ ‘job was driving her crazy’ ” and that her work experience was a major stressor in her life.

Before the Commission, plaintiff contended that her GAD was an occupational disease caused by a hostile and abusive classroom environment. The Commission disagreed, concluding that “plaintiff did not prove that her [GAD] is due to causes and conditions which are characteristic of and peculiar to her employment,” and thus, her GAD was not compensable as an occupational disease. Plaintiff appealed.

In the Court of Appeals, plaintiff argued that her GAD was compensable as an occupational disease and that the evidence did not support certain of the Commission’s findings of fact. She argued further that these findings did not support the Commission’s conclusion of law that she failed to prove that her GAD was an occupational disease. Instead, plaintiff contended that the Commission should have found that her GAD was an occupational disease which arose from an abusive and dangerous work environment. In a divided opinion, the Court of Appeals affirmed the Commission’s opinion and award. Hassell v. Onslow Cty. Bd. of Educ., 182 N.C. App. 1, 12, 641 S.E.2d 324, 331 (2007). The majority upheld all of the Commission’s factual [302]*302findings and conclusions of law and determined that plaintiff had failed to prove that her position as a teacher at Dixon Middle “placed her at an increased risk of developing an occupational disease” or that her work was a significant contributing factor in the development of her illness. Id. at 11-12, 641 S.E.2d at 331.

In his dissent, Judge Wynn agreed with plaintiff that the Commission “erred by finding that her employment at Dixon Middle School did not place her at an increased risk of developing an anxiety disorder” and by concluding that plaintiff’s GAD was not compensable as an occupational disease. Id. at 12, 641 S.E.2d at 331-32 (Wynn, J., dissenting). The dissent expressed concern that the Commission improperly implied that the test of compensation involves “apportioning blame,” and Judge Wynn further concluded that certain findings of fact made by the Commission were not supported by any competent evidence, to wit: (1) that plaintiff’s “anxiety centered around her principal”; and (2) that the work/classroom environment was caused by plaintiff’s “inadequate” job performance and thus resulted from her failings as a teacher. Id. at 13-14, 641 S.E.2d at 332. Although specific findings of fact are not discussed in the dissent, the matters addressed by the dissent are raised primarily in findings eleven, twelve, and thirteen, which are quoted below:

11. Dr. Chestnut explained that plaintiff’s anxiety focused on her difficulty with the principal.
[Plaintiff] had gotten a new administrator, and she felt that the new administrator was not supportive of her . . . the new administrator did not feel that [plaintiff] was doing a good job, and that regardless of how hard she worked or regardless of what she did, that the administrator was going to find something wrong with it. . . . [S]he felt that the administrator was not supportive when she made decisions in reference to students. (Brackets in original.)
Dr. Chestnut testified that the overall job quality of plaintiff’s work experience exacerbated and/or caused her generalized anxiety. Yet,.Dr. Chestnut also testified that in mental health, experts do not necessarily speak of correlation or causation. Dr. Chestnut stated that AXIS evaluations were designed to be able to make a deferential diagnosis rather than to get into causality or correlation. Dr. Chestnut did state that plaintiff’s employment with defendant exposed her to an increased risk of developing an anxiety disorder as compared to members of the general public not so [303]*303employed. Dr. Chestnut stated that plaintiff’s “job was driving her crazy” and that plaintiff’s total job experience was a major stressor in her life. Dr. Chestnut did not indicate, however, that another person in the same work environment or experience would develop Generalized Anxiety Disorder. Dr. Chestnut conceded that Generalized Anxiety Disorder is the most prevalent psychiatric disorder reported in the United States.
12. The Commission gives little weight to the opinions of Dr. Chestnut concerning causation and increased risk of plaintiff’s mental condition. Dr.

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Bluebook (online)
661 S.E.2d 709, 362 N.C. 299, 2008 N.C. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hassell-v-onslow-county-board-of-education-nc-2008.