Smith v. Housing Authority of Asheville

582 S.E.2d 692, 159 N.C. App. 198, 2003 N.C. App. LEXIS 1429
CourtCourt of Appeals of North Carolina
DecidedJuly 15, 2003
DocketCOA02-1138
StatusPublished
Cited by3 cases

This text of 582 S.E.2d 692 (Smith v. Housing Authority of Asheville) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Housing Authority of Asheville, 582 S.E.2d 692, 159 N.C. App. 198, 2003 N.C. App. LEXIS 1429 (N.C. Ct. App. 2003).

Opinion

*199 CALABRIA, Judge.

Thomasine F. Smith (“plaintiff’) appeals the opinion and award of the North Carolina Industrial Commission (“Commission”) finding plaintiffs psychological disorder was not the result of an injury caused by an accident arising out of and in the course of her employment with the Housing Authority of Asheville (“defendant”), but was “the result of the investigation of her claim for that injury or from perceived workplace retaliation for her injury.” The Commission concluded as a matter of law “[psychological injuries resulting from legitimate personnel action, including investigation of workers’ compensation claims generally are not compensable under the Workers’ Compensation Act.” For the reasons stated herein, we affirm.

The Commission found the following facts pertinent to this appeal. Plaintiff was fifty-four years old, and had worked for defendant for twenty-four years when, on 17 April 1997, plaintiff was injured by an accident at work. When plaintiff was returning from lunch, she discovered her new chair had arrived and was in her cubicle.

5. . . . When she sat in the chair, it rolled out from under her and plaintiff landed on the floor. She was not seriously injured or knocked unconscious. Her co-workers helped her up. Plaintiff was not visibly shaken and actually laughed at herself. She complained only of some neck pain and later about her knee.

Plaintiff was treated by a doctor for her minor physical injuries.

9. Within a week of the accident, plaintiff had a difficult interaction with William Wynn, the safety coordinator for the Asheville Housing Authority. Mr. Wynn had instituted a program to improve workplace safety. When he heard about plaintiff’s accident, Mr. Wynn spoke with plaintiff about her accident report. Plaintiff apparently believed that Mr. Wynn was accusing her of filing a lawsuit against the Housing Authority and she became upset. Renee Crane, a co-worker overheard the conversation and stated that Mr. Wynn was somewhat arrogant in his manner, but, that she did not recall Mr. Wynn stating that a suit was filed. Ms. Crane explained that plaintiff became upset and did not understand what Mr. Wynn was saying. This encounter with Mr. Wynn was upsetting to plaintiff, and Ms. Crane reported it to Constance Proctor, her supervisor.

Thereafter, plaintiff continued to work “without any apparent difficulties.” However, “[i]n August 1997, she developed a panic disorder” *200 and throughout the Fall she was treated for mental illness. Plaintiff was thereafter diagnosed as paranoid delusional, a permanent condition “anticipated to preclude plaintiff from employment.” Dr. Anthony Sciara, Ph.D., a psychologist who has treated plaintiff since December 1997, testified and the Commission found the following:

17. ... Although Dr. Sciara stated that plaintiff’s paranoid delusions were caused by the accident at work and the way it was handled by the employer, he was not able to explain how the accident (the fall in the new chair) caused the injury. Dr. Sciara explained that there was no evidence of a brain or other injury caused by the fall which would produce this condition and that her symptoms were not consistent with a traumatic head injury. In contrast, however, plaintiff was described by Dr. Sciara as a person with a significant moral structure who felt a need to follow the rules, perceived that her employer desired no lost day injuries at work, and that any accident at work would not be acceptable. Further, the perceived nature of the confrontation from Mr. Wynn accusing her of filing some type of legal action against the employer would significantly undermine her psychological stability and contribute to her decompression.

In finding of fact 21, the Commission gave greater weight to Dr. Sciara’s testimony that the psychological condition was “the result of the investigation of her claim for that injury or from perceived workplace retaliation for her injury.” Based on these facts, the Commission concluded that plaintiffs paranoid delusional disorder is not com-pensable. Plaintiff appeals.

Plaintiff asserts the Commission erred by: (I) failing to find her psychological impairment arose out of her employment because there is “no evidence” to support the conclusion that her disorder did not arise from her fall; and (II) failing to conclude as a matter of law that her mental injury is compensable.

This Court’s review of workers’ compensation cases is “limited to the consideration of two questions: (1) whether the Full Commission’s findings of fact are supported by competent evidence; and (2) whether its conclusions of law are supported by those findings.” Calloway v. Memorial Mission Hosp., 137 N.C. App. 480, 484, 528 S.E.2d 397, 400 (2000). “This Court does not weigh the evidence and decide the issue on the basis of its weight; rather, this Court’s duty goes no further than to determine whether the record contains any evidence tending to support the finding.” Devlin v. Apple Gold, Inc., *201 153 N.C. App. 442, 446, 570 S.E.2d 257, 261 (2002). “If there is competent evidence to support the findings, they are conclusive on appeal even though there is evidence to support contrary findings.” Boles v. U.S. Air, Inc., 148 N.C. App. 493, 498, 560 S.E.2d 809, 812 (2002). “The Industrial Commission’s conclusions of law, however, are reviewable de novo.” Absher v. Thomas Built Buses, Inc., 156 N.C. App. 697, — S.E.2d-(2003).

I. Findings of Fact

Plaintiff appeals asserting the Commission erred in findings of fact 17 and 21 because there was “no evidence” to support these findings. In finding of fact 17, set forth above, the Commission found that, although Dr. Sciara concluded “the incident” in April 1997 caused her illness, he could only explain how the investigation into the accident caused plaintiffs condition and he could not explain how the accident itself was the cause. Finding of fact 21 reads:

Plaintiff has developed a paranoid delusional disorder. The greater weight of the competent evidence is that the paranoid delusional disorder is related to the employer’s investigation of her claim for the April 17, 1997 injury, including plaintiff’s perception of her employer’s desire for no work injuries and perceived retaliation for being injured on the job. The Commission gives greater weight to the testimony of Dr. Sciara that plaintiff’s psychological condition was not caused by a traumatic injury to her head or other injury sustained in the fall. Plaintiff’s psychiatric condition was not due to an injury by accident arising out of and in the course of her employment on April 17, 1997. Rather, this condition is the result of the investigation of her claim for that injury or from perceived workplace retaliation for her injury. Plaintiff has not established a psychological injury from an accident or untoward event.

Plaintiff’s assertion that no evidence supports these findings is incorrect.

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Bluebook (online)
582 S.E.2d 692, 159 N.C. App. 198, 2003 N.C. App. LEXIS 1429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-housing-authority-of-asheville-ncctapp-2003.