Murphy v. Industrial Commission

759 P.2d 639, 157 Ariz. 493, 5 Ariz. Adv. Rep. 28, 1988 Ariz. App. LEXIS 85
CourtCourt of Appeals of Arizona
DecidedApril 5, 1988
DocketNo. 1 CA-IC 3703
StatusPublished
Cited by2 cases

This text of 759 P.2d 639 (Murphy v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy v. Industrial Commission, 759 P.2d 639, 157 Ariz. 493, 5 Ariz. Adv. Rep. 28, 1988 Ariz. App. LEXIS 85 (Ark. Ct. App. 1988).

Opinion

BROOKS, Judge.

This is a special action review of an Industrial Commission award for a noncom-pensable claim. The sole issue presented is whether a physical injury caused by the emotional stress of being notified of displacement from one’s job is compensable. Because the emotional stress in this case was not unexpected, unusual, or extraordinary, the physical injury is noncompensable and we therefore affirm the award.

FACTS

On August 8, 1985, claimant fainted and struck his head on the floor while employed by the respondent employer, Honeywell, Inc. A worker’s report of injury was thereafter filed, accompanied by a medical report authored by Rosalie Deckert, M.D. The report stated that claimant was severely brain-damaged and would probably never be able to care for himself again. Claimant’s wife was appointed his guardian ad litem for purposes of pursuing the industrial claim. The respondent carrier, Aetna Technical Services, Inc. denied com-pensability by notice of claim status. The guardian timely requested a hearing and two hearings were held.

Jim Enk, claimant’s immediate supervisor, testified that he had known claimant for approximately seven or eight years. Claimant had worked in the tool crib inventorying tools and supplies, and performing small tool repair. Enk saw him daily and testified that he was punctual, a good employee, that he never complained and appeared to enjoy his work.

On August 8, 1985, Enk spoke with claimant regarding his being transferred to another job within Honeywell. He informed claimant that he was to leave the tool crib and become an assembler which required the use of computers and assembling machines. To Enk’s knowledge, claimant was not specifically trained for this type of work and had not done it previously. In the same conversation, Enk also informed claimant that his salary would be cut by one-third and that he would be working under a new manager, who was reputed to be a strict disciplinarian and about whom claimant had previously expressed concern.

Enk testified that for approximately one to two months before this conversation, it had- been general knowledge among plant employees that, due to the plant’s decreased volume of business, Honeywell was going to lay off or displace a number of employees. He testified that everyone in the plant was talking about the impending changes. He stated that almost every one of his seven crew members had approached him about their individual jobs, including claimant. Prior to August 8, 1985, claimant’s reaction to the news was no different than that of any other crew member.

During the displacement and transfer conversation of August 8, 1985, claimant inquired about taking a voluntary leave, essentially quitting with benefits. In response, Enk testified that he tried to convey to claimant the fact that he still had a job with Honeywell, and that he wasn’t going to lose his livelihood. Enk turned to walk away, and claimant took two or three steps after him. Enk then turned back to speak with claimant again and saw him falling straight over backwards. Claimant’s head struck the tile-covered concrete floor causing permanent brain damage.

Enk testified that he was part of the decision-making process for Honeywell’s reduction in force. He had decided that he could do without a toolman in order to help cut the company’s expenditures. Although claimant was the only one in his seven-member crew to actually be transferred, other workers were also informed on that [495]*495same day that they were to be laid off, given pay cuts, displaced, or transferred.

Claimant’s wife testified that claimant had worked for Honeywell for nineteen years,, eleven of which were in the tool crib. He had requested the transfer to the tool crib because it was light work and he had a history of hernias which had required surgical repair. She further testified that approximately one or two months before the injury, claimant had mentioned rumors about layoffs at work. He was concerned about the financial problems that would result if he lost his job or was forced to take early retirement. He was also concerned that if he were displaced and transferred to a new job, he might have a recurrence of his hernia problems. She also testified that claimant had fainted on two previous occasions, once when he was laid off by a previous employer and the other when his father had died.

Although the medical evidence was hotly contested, the administrative law judge resolved the conflicts in favor of claimant’s expert witnesses, G. Scott Tyler, M.D., a neurologist, and Paul Bindelglas, M.D., a psychiatrist. Since no issue regarding the medical evidence is presented on review, we will only focus on their testimony.

Dr. Tyler testified solely from his review of claimant’s medical records. He concluded that claimant suffered an epidural he-matoma as a result of the fall and that he is in a vegetative state in which he will likely remain. He testified, to a reasonable probability, that claimant’s conversation with Mr. Enk on August 8, 1985, caused emotional shock, which in turn caused a “vasovagal syncope,” commonly known as fainting.

Dr. Bindelglas also testified regarding his review of claimant’s medical records. It was Dr. Bindelglas’ opinion, to a reasonable medical probability, that the conversation with Mr. Enk on August 8, 1985, was the stressful event which caused claimant to collapse. He stated that this was a classic example of vasovagal syncope in which the sympathetic and parasympathetic systems act antagonistically, causing a sudden drop in blood pressure.

On September 30, 1986, the administrative law judge entered an award for a noncompensable claim and this special action followed.

LEGAL ANALYSIS

The statutory elements of compensability are an injury by accident “arising out of and in the course of employment.” See A.R.S. § 23-1021(A). .“Arising out of” refers to the origin or cause of the injury while “in the course of” refers to the time, place and circumstances of the accident in relation to the employment. Peter Kiewit Sons’ Co. v. Industrial Comm’n, 88 Ariz. 164, 354 P.2d 28 (1960); Scheller v. Industrial Comm’n, 134 Ariz. 418, 656 P.2d 1279 (App.1982). It is the claimant’s burden to prove the elements of compensability. Toto v. Industrial Comm’n, 144 Ariz. 508, 698 P.2d 753 (App.1985).

In making its award of noncompensability, the administrative law judge found that the claim was governed by A.R.S. § 23-1043.01.1 However, this court has previously held that this statute applies only to claims for benefits arising from a mental injury, illness, or condition and not to claims for physical conditions caused or aggravated by emotional stress. Pima Community College v. Industrial Comm’n, 137 Ariz. 137, 139, n. 1, 669 P.2d 115, 117 (App.1983).

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Bluebook (online)
759 P.2d 639, 157 Ariz. 493, 5 Ariz. Adv. Rep. 28, 1988 Ariz. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-industrial-commission-arizctapp-1988.