Skidis v. Industrial Commmission

722 N.E.2d 1163, 309 Ill. App. 3d 720, 243 Ill. Dec. 94, 1999 Ill. App. LEXIS 827
CourtAppellate Court of Illinois
DecidedDecember 2, 1999
Docket5-98-0419WC
StatusPublished
Cited by8 cases

This text of 722 N.E.2d 1163 (Skidis v. Industrial Commmission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skidis v. Industrial Commmission, 722 N.E.2d 1163, 309 Ill. App. 3d 720, 243 Ill. Dec. 94, 1999 Ill. App. LEXIS 827 (Ill. Ct. App. 1999).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant, Glenda Skidis, filed five applications for adjustment of claim seeking benefits for stress-induced anxiety, heart arrhythmia, and headaches she allegedly suffered while working as a dispatcher for the Fairview Heights police department. The arbitrator denied benefits, concluding her psychological injury was the product of ordinary on-the-job stress that was not compensable as a matter of law. The Illinois Industrial Commission (Commission) affirmed the arbitrator, and the circuit court confirmed the Commission. Claimant appeals, contending the Commission erred in denying her benefits. We affirm.

Claimant, 61 years of age, worked as a dispatcher for the Fairview Heights police department from January 1974 through the early part of November 1991. Claimant testified that in approximately 1988, she began having problems at work.

The issue on appeal is whether the Commission erred in finding claimant failed to establish a compensable psychic injury. In City of Springfield v. Industrial Comm’n, 291 Ill. App. 3d 734, 738, 685 N.E.2d 12, 14 (1997), quoting Pathfinder Co. v. Industrial Comm’n, 62 Ill. 2d 556, 563, 343 N.E.2d 913, 917 (1976), this court held that psychological injuries could be compensable under either of two ways:

“(1) where the psychological injuries were related to and caused by a physical trauma or injury, i.e., ‘physical-mental’ trauma, or (2) where the psychological injuries were caused by ‘a sudden, severe emotional shock traceable to a definite time, placet,] and cause which causes psychological injury or harm *** though no physical trauma or injury was sustained,’ i.e. ‘mental-mental’ trauma.”

Because employment conditions in themselves may produce stress, the “mental-mental” theory of recovery is generally, recognized as a more difficult basis for claimant to prove that his or her psychological injury is compensable. See Chicago Board of Education v. Industrial Comm’n, 169 Ill. App. 3d 459, 466, 523 N.E.2d 912, 917 (1988).

In the instant case, claimant told her physicians, when she first sought treatment, that the police department had grown in size over the years, as had the workload and demands of productivity, and that affected everyone. Claimant also told her doctors that certain other events contributed to her anxiety. These included her son joining the Marines in the early 1980s, her ex-husband dying from cancer, her fiancé dying of a heart attack, the Rodney King incident, the Gulf War, a mammogram she underwent, and her fear of developing Alzheimer’s disease; she felt like a prisoner, lacked confidence, and was socially withdrawn.

The medical evidence consisted of the depositions of Dr. Raza, a psychiatrist, and Dr. Ruffy, a psychologist who treated claimant beginning in April 1990. Based on claimant’s reports of panic attacks, paresthesia, appetite fluctuation, difficulty sleeping, and crying spells, Raza came to a diagnosis of adjustment disorder with anxiety. Claimant’s report that her job of 16 years had become stressful but she was unable to quit because she was not in a secure enough financial position to take early retirement led to his conclusion that her condition was a reaction to environmental stress emanating from work. Dr. Ruffy reached essentially an identical diagnosis. Both continued to treat claimant at least on a weekly basis up to the time of arbitration. In Raza’s opinion, claimant could not return to work. His final diagnosis was adjustment disorder with mixed emotional features, which represented claimant’s subjective responses to what he believed to be her job-related stress. Raza concluded claimant’s condition built up over time and no one single incident triggered it.

The deposition of Dr. Stillings, a psychiatrist and examining physician, was offered by respondent. Stillings disagreed with the diagnoses of claimant’s treating physicians. In Stillings’ opinion, he found no definable psychiatric illness beside possible paranoia, which he concluded was not job-related because it was a genetically caused biochemical disturbance. In Stillings’ opinion, claimant is able to work at her former job, although she might benefit from further psychiatric treatment for her paranoia. The Industrial Commission’s decision affirming the arbitrator’s determination that claimant failed to meet her burden of proof is not against the manifest weight of the evidence.

In her brief, claimant states she was subjected to derogatory racial and sexual slurs from time to time which, she concludes, should qualify as sudden, severe emotional shocks under the test set out in Pathfinder. We disagree. Claimant did not testify that any of these comments were made in proximity to any of the dates she alleged as the date of injury in her applications for adjustment of claim. In addition, she testified she only reported two of these incidents to higher authorities during the five years in which, she alleged, they occurred routinely. This court has previously rejected similar claims in General Motors Parts Division v. Industrial Comm’n, 168 Ill. App. 3d 678, 522 N.E.2d 1260 (1988), in which an employee supervisor verbally assaulted claimant with profane, racial slurs that caused claimant to become mentally ill. In that case, this court denied compensation, as a matter of law, holding that the event was nontraumatic and not out of proportion to the incidents of normal employment activity. General Motors, 168 Ill. App. 3d at 687, 522 N.E.2d at 1266. There, as here, no physical trauma was involved.

Claimant also contends that being “fired” constitutes a sufficiently sudden and severe emotional shock within the ambit of Pathfinder. Again we disagree. First, the record does not support claimant’s conclusion she was “fired.” Although on direct examination claimant testified her supervisor, Dennis Knolhoff, told her she could not return to work, the chief of police, Roger A. Richards, testified claimant was to be advised that she would need a doctor’s release before she could return to work, and claimant conceded upon rebuttal that Knolhoff s conversation was to the effect that she could not return until her disability claim was resolved. This evidence falls short of suggesting that claimant established her employment was terminated. If anything, this evidence suggests only a temporary cessation of employment with her return to work dependent upon the outcome of her disability application. When coupled with other evidence that claimant had initiated discussions about seeking disability benefits months earlier, it is difficult to conclude that the mention of disability by her supervisors could have been a shocking event.

Moreover, even if we were to construe the evidence liberally in claimant’s behalf, we would reject her argument. In Esco Corp. v. Industrial Comm’n, 169 Ill. App. 3d 376, 523 N.E.2d 589

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Bluebook (online)
722 N.E.2d 1163, 309 Ill. App. 3d 720, 243 Ill. Dec. 94, 1999 Ill. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skidis-v-industrial-commmission-illappct-1999.