Schuette v. City of Hutchinson

843 N.W.2d 233, 2014 WL 856578, 2014 Minn. LEXIS 97
CourtSupreme Court of Minnesota
DecidedMarch 5, 2014
DocketNo. A13-0840
StatusPublished
Cited by29 cases

This text of 843 N.W.2d 233 (Schuette v. City of Hutchinson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schuette v. City of Hutchinson, 843 N.W.2d 233, 2014 WL 856578, 2014 Minn. LEXIS 97 (Mich. 2014).

Opinion

OPINION

LILLEHAUG, Justice.

While working as a police officer for the City of Hutchinson, and after responding to an accident, relator Scott B. Schuette developed symptoms that were later diagnosed as post-traumatic stress disorder (PTSD). A compensation judge denied Schuette’s workers’ compensation claim on the ground that Schuette’s PTSD lacked a physical component and thus is not com-pensable. Applying Lockwood v. Independent School District No. 877, 312 N.W.2d 924 (Minn.1981), the Workers’ Compensation Court of Appeals (WCCA) affirmed. On appeal from the WCCA, Schuette attacks the compensation judge’s findings as contrary to the evidence. In the alternative, he asks that Lockwood be overruled. We affirm the WCCA.

I.

On June 23, 2005, Schuette — then a full-time police officer for the City of Hutchinson (the employer) — responded to an accident at the local high school. A girl had fallen out of a pickup truck. After arriving at the scene, Schuette realized that he knew the victim and her family. Schuette administered CPR and, upon request, drove the victim to the hospital by ambulance.1 At the hospital, Schuette started to feel ill, and began dry heaving. He felt in a daze, and “nothing was registering.”

[236]*236Soon after responding to the accident, Schuette began experiencing mental health problems. Schuette lists anxiety, panic attacks, nightmares, flashbacks, hypervigi-lance, and insomnia as consequences of responding to the accident.

During a mental health evaluation on June 18, 2008, Schuette was diagnosed with PTSD. Since then, 11 health-care professionals have concurred. Schuette also suffers from chronic back and shoulder pain from a fall during a nightmare. At least one doctor attributes the fall to PTSD.

In 2009, Schuette resigned from his position with the employer. He filed a claim petition seeking workers’ compensation benefits for PTSD under Minn.Stat. § 176.021, subd. 1 (2012). Schuette also sought compensation for the injury to his back and shoulder as a “consequential injury.”

On March 14, 2012, in a hearing before a compensation judge, Schuette argued, with expert support, that PTSD has a dramatic effect on the physical and chemical structure of the brain. According to one of Schuette’s experts, a clinical neuropsychol-ogist, a functional MRI revealed abnormalities in the frontal lobe region of Schuette’s brain. The employer, with support from two experts — one a clinical psychologist and professor in the department of psychiatry and psychology at the University of Minnesota, and the other a board-certified psychiatrist — disagreed. The employer argued that the scientific literature has not established that PTSD causes a physical injury to the brain.

The compensation judge denied Schuette’s claim, finding that Schuette’s PTSD “represents a mental disability.” In so finding, the compensation judge rejected the opinions of Schuette’s experts as unpersuasive and adopted the opinions of the employer’s experts. The compensation judge therefore determined that Schuette’s PTSD is not a compensable personal injury under Minnesota law.

Schuette appealed to the WCCA, which affirmed unanimously. Citing Lockwood, the WCCA noted that a mental injury resulting from mental stimulus is not com-pensable under the Minnesota Workers’ Compensation Act. The WCCA explained that, to be compensable under Lockwood, an injury must include a physical component. The WCCA concluded that the compensation judge’s findings that Schuette’s PTSD did not result in a physical brain injury had substantial evidentiary support.

By writ of certiorari, Schuette sought further review before our court. Schuette maintains that, under Lockwood, he suffered a compensable personal injury. In the alternative, Schuette argues that Lockwood should be overruled, in part because it results in an application of the Minnesota Workers’ Compensation Act that violates his constitutional right to equal protection of the law.

II.

Schuette’s first argument on appeal is that PTSD is a physical brain injury and the compensation judge erred in finding otherwise. But we cannot disturb a compensation judge’s findings affirmed by the WCCA unless the findings are manifestly contrary to the evidence or unless the evidence clearly requires reasonable minds to adopt a contrary conclusion. Hengemuhle v. Long Prairie Jaycees, 358 N.W.2d 54, 60 (Minn.1984).

Under Minnesota law as of the date of Schuette’s injury, “[ejvery employer ... [was] liable to pay compensation in every case of personal injury or death of an employee arising out of and in the course of employment.” Minn.Stat. § 176.021, subd. 1 (emphasis added). “Personal inju[237]*237ry” meant “injury arising out of and in the course of employment and include[d] personal injury caused by occupational disease.” Minn.Stat. § 176.011, subd. 16 (2012) (emphasis added). “Occupational disease,” in turn, was defined as “a disease arising out of and in the course of employment.” Minn.Stat. § 176.011, subd. 15(a) (2012).

To clarify the meaning of “personal injury” and “occupational disease” in workers’ compensation cases involving a mental stimulus or a mental injury, our Lockwood decision divided such cases into three categories: (1) cases in which mental stimulus produces physical injury, (2) cases in which physical stimulus produces mental injury, and (3) cases in which mental stimulus produces mental injury. Lockwood, 312 N.W.2d at 926. Lockwood and our later case, Johnson v. Paul’s Auto & Truck Sales, Inc., 409 N.W.2d 506, 508 (Minn.1987), made clear that workers’ compensation claims based upon the first two categories are covered injuries, but claims in which a mental stimulus results in mental injury are not covered. Further, the presence of physical symptoms does not convert a claim based on mental injury caused by mental stimulus into a compensable claim. Johnson, 409 N.W.2d at 508-09. To be compensable, the physical symptoms must be independently treatable physical injuries.2

Because the compensability of a mental injury depends upon the Lockwood category in which the injury falls, medical evidence is of paramount importance. In weighing medical evidence, a compensation judge has the discretion as the trier of fact to choose between competing and conflicting medical experts’ reports and opinions. Ruether v. State, 455 N.W.2d 475, 478 (Minn.1990). Only when the facts assumed by the expert in rendering an opinion are not supported by the evidence will we reverse. Nord v. City of Cook, 360 N.W.2d 337, 342-43 (Minn.1985).

In this case, the compensation judge’s findings, including the finding that Schuette’s PTSD is a noncompensable mental injury, are not manifestly contrary to the evidence. Schuette is correct that considerable evidence before the compensation judge supported his position that he sustained a physical brain injury.

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Bluebook (online)
843 N.W.2d 233, 2014 WL 856578, 2014 Minn. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schuette-v-city-of-hutchinson-minn-2014.