North Huntingdon Township v. Workmen's Compensation Appeal Board

644 A.2d 227, 165 Pa. Commw. 33, 1994 Pa. Commw. LEXIS 293
CourtCommonwealth Court of Pennsylvania
DecidedJune 14, 1994
StatusPublished
Cited by3 cases

This text of 644 A.2d 227 (North Huntingdon Township v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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North Huntingdon Township v. Workmen's Compensation Appeal Board, 644 A.2d 227, 165 Pa. Commw. 33, 1994 Pa. Commw. LEXIS 293 (Pa. Ct. App. 1994).

Opinion

DOYLE, Judge.

North Huntingdon Township Police Department (Police Department or Employer) appeals an order of the Workmen’s Compensation Appeal Board which, affirming the decision of the worker’s compensation judge, granted Dora Noble (Claimant) compensation for a job-related psychiatric injury under Section 301(c) of The Pennsylvania Workmen’s Compensation Act.1

The relevant facts are as follows. Claimant worked for the Police Department as a civilian police dispatcher for ten and one-half years and her job duties included answering the telephone, dispatching emergency personnel, and performing general office work. In 1988 and 1989 a grand jury investigation of various police officers, including the chief of police, was begun regarding allegations of ticket fixing. As a result of the investigation, the police chief and one police officer were charged with these violations and the chief of police was suspended in May of 1990 and eventually dismissed. It is undisputed that Claimant was never a subject of the grand jury investigation nor was she ever even questioned by the grand jury.

On April 8, 1991, Claimant filed a claim petition against the Employer alleging that she became disabled on March 13, 1991, as a result of a mental disability and depression, caused by the stress of her job. After several hearings, the referee made certain critical findings of fact as follows:

EIGHTH: This Referee finds based on the credible testimony of the claimant and the acting police chief that the claimant’s job duties were not changed as a result of the grand jury investigation.
NINTH: This Referee finds based on the credible testimony of the claimant and Carl F. Kuzel that the grand jury investigation demoralized the police department and divided the police department into two camps critical of one another. This Referee also finds based on the credible testimony of the claimant that the claimant was upset because her work friends were under investigation and because the claimant “wanted to stay out of it.” This Referee finds the grand jury investigation of the police department as well as the demoralized atmosphere caused by the investigation to be abnormal working conditions....
TENTH: This Referee finds based on the credible testimony of Dr. Glanz that the claimant became unable to perform her pre-injury job as dispatcher on March 13, 1991, due to depression which was substantially contributed to by the working conditions (chaos) caused by the grand jury investigation.

Based on these findings, the referee concluded that Claimant had sustained her burden of proof establishing a work-related disability by demonstrating that, as a result of her depression caused by abnormal working conditions, she became disabled on March 13, 1991. Employer appealed to the Board which affirmed the referee. Employer now appeals to this Court.

On appeal, Employer contends that Claimant failed to show that her depression was caused by an abnormal working condition. We agree.

In a case involving a psychological stimulus causing a mental injury (mental-mental), the work-related stress must be caused by actual objective abnormal working conditions, as opposed to subjective, perceived or imagined employment events. Martin v. Ketchum, Inc., 523 Pa. 509, 568 A.2d 159 (1990). The degree of proof demanded of a claimant in such cases is high, Hammerle v. Workmen’s Compensation Appeal Board (Department of Agriculture, Bureau of Dog Law Enforcement), 88 Pa.Commonwealth Ct. 486, 490 A.2d 494 (1985), and for objective employment events to be considered abnormal, they must be considered in relation to the specific employment. Williams v. Workmen’s Compensation Appeal Board (Philadelphia National Bank), 120 Pa.Commonwealth Ct. 551, 548 A.2d 1344 (1988). When, as here, there is no physical [229]*229injury as precursor to the psychic injury, the claimant must prove either (a) that actual extraordinary events occurred at work which caused the trauma and that these specific events can be pinpointed in time or (b) that abnormal working conditions over a longer period of time caused the psychic injury. Marsico v. Workmen’s Compensation Appeal Board (Department of Revenue), 138 Pa.Commonwealth Ct. 352, 588 A.2d 984 (1991).

In this case, while Claimant presented objective evidence of a mental injury, i.e., depression, which was accepted by the referee, in order for her injury to be compensable, she must still establish that the event which allegedly caused her injury, ie., the grand jury investigation of the police department, constituted an abnormal working condition and the question of what constitutes an abnormal working condition is a mixed question of law and fact and is reviewable by this Court. Jeanes Hospital v. Workmen’s Compensation Appeal Board (Miller), 141 Pa.Commonwealth Ct. 308, 595 A.2d 725 (1991), petition for allowance of appeal denied, 532 Pa. 648, 614 A.2d 1144 (1992).

We hold that a grand jury investigation into a police department is not an abnormal working condition for a civilian police dispatcher, who is neither the focus of the investigation nor the subject of questioning.

A grand jury proceeding is an ex parte investigation to determine whether probable cause exists to institute criminal proceedings against a person. Historically, the grand jury was established to protect people against unfounded governmental prosecution, United States v. Vetere, 663 F.Supp. 381, 386 (S.D.N.Y.1987), and its purpose is to prevent a prosecutor from subjecting innocent people to the trauma of trial. See United States v. Thomas, 788 F.2d 1250, 1254 (7th Cir.), cert. denied, 479 U.S. 853, 107 S.Ct. 187, 93 L.Ed.2d 121 (1986). Our Pennsylvania Supreme Court has stated that “[bjecause of the method by which its deliberations are conducted and the secrecy surrounding them, [the grand jury] is a particularly suitable body to investigate misconduct of public officials and public evils.” McNair’s Petition, 324 Pa. 48, 57,187 A. 498, 503 (1936) (emphasis added).

Thus, while unusual in the sense that a grand jury investigation is not an everyday occurrence, it is not such an extraordinary event so as to constitute an abnormal working condition in this case. The grand jury serves an important role in our overall governmental structure and, as recognized by our Supreme Court in McNair, it is the grand jury which is the particularly suitable body to investigate public misconduct such as was allegedly involved in this matter. By its very nature, the grand jury is the normal procedure used to investigate public misconduct and no evidence was presented here which would indicate that the investigation was conducted improperly or was directed arbitrarily at certain individuals within the police force.

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644 A.2d 227, 165 Pa. Commw. 33, 1994 Pa. Commw. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-huntingdon-township-v-workmens-compensation-appeal-board-pacommwct-1994.