Vandenberg v. Snedegar Construction, Inc.

911 N.E.2d 681, 2009 Ind. App. LEXIS 1227, 2009 WL 2579352
CourtIndiana Court of Appeals
DecidedAugust 21, 2009
Docket93A02-0904-EX-312
StatusPublished
Cited by2 cases

This text of 911 N.E.2d 681 (Vandenberg v. Snedegar Construction, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vandenberg v. Snedegar Construction, Inc., 911 N.E.2d 681, 2009 Ind. App. LEXIS 1227, 2009 WL 2579352 (Ind. Ct. App. 2009).

Opinion

OPINION

CRONE, Judge.

Case Summary

Boyd Vandenberg's wife, Jane Vanden-berg, appeals the order of the Full Worker's Compensation Board ("the Board"), affirming the single hearing officer's decision denying her claim for worker's compensation benefits following Boyd's suicide. Jane asserts that the Board erroneously concluded that Snedegar Construction, Inc. ("the Company"), carried its burden to prove that Boyd's death was caused by a knowingly self-inflicted injury and therefore she is not entitled to benefits. We affirm.

Facts and Procedural History

On December 23, 2005, following a Company party and on the Company's premises, Boyd crashed his Company-owned truck into the Company-owned truck that he formerly drove. Shortly thereafter, while still on the Company's premises and in the presence of Company president Gary Snedegar, Boyd took a handgun from the console of the truck and tragically committed suicide.

On March 27, 2006, Jane filed an application for adjustment of claim against the Company. Following a hearing, on April 21, 2008, the single hearing member issued its decision, denying Jane's application. The decision provided in relevant part:

FINDINGS OF FACT

1. [Boyd] was an employee of [the Company] for approximately seventeen (17) years prior to his death.
*683 2. [Boyd's] job duties for [the Company] consisted of supervising the corporation's electrical crews. He was considered on-call 24 hours a day, 7 days a week and was provided a company truck.
3. On December 23, 2005, [the Company] gave all employees a half-day and invited each employee to a company get-together where bonus checks and hams were being given out. The get-together was not mandatory and not all employees attended.
4. [The Company] did not provide alcoholic beverages at this get-together, but it did not prevent or discourage employees from bringing their own beverages.
5. Gary Snedegar, the President and primary owner of [the Company], testified that he would not have let anyone drive home if they had too much to drink. However, he was not closely monitoring the consumption of those who were drinking.
6. [Boyd] was reported to be drinking Whiskey that night and after his death a toxicology report showed that his BAC was .2 +. It should be noted that this finding is taken in the context of the evidence that [Boyd] drank on a regular basis and even made his own homemade wine.
7. After the party was winding up, Snedegar and [Boyd], counseled a younger employee, Shelby Miles, regarding his recent job performance. [Boyd] commented to Miles that [the Company] was "the place to work" and that Miles needed to give 100% to his job. During or shortly after this conversation, Sne-degar came to the conclusion that [Boyd] should not drive home. He expressed to [Boyd] that he was calling his wife to drive [Boyd] home.
8. Snedegar did not plan to drive home himself that night because he had been drinking. He admitted to having two mixed drinks during the course of the evening. He testified that he was not intoxicated.
9. [Boyd] ignored Snedegar's directive not to drive and attempted to leave while Snedegar was distracted with another task.
10. In his attempt to leave, [Boyd] caused a minor wreck involving two company trucks. [Boyd] did not appear to be physically injured in the accident.
11. [Boyd] was reported as being visibly. upset when assessing the damage to the trucks and made comments such as: "I don't have anything", "I have worked all of my life and I have nothing", "I have lost it all", "The guys are never going to let me live this down", "I wanted my life to be perfect, I have nothing, I have ruined everything."
12. Snedegar attempted to «comfort [Boyd], and mentioned that [Boyd] had previously damaged a backhoe and had also been in a previous accident in a company truck and that everything was fine in those
13. situations. [Boyd's] wife, Jane Vandenberg, testified that [Boyd] felt that he had been teased at work for these previous accidents. However, Sne-degar and other employees for [the Company] claimed that [Boyd] was not teased at work anymore [sic] than others and that [Boyd] was often involved in the "ribbing."
*684 14. At some point during this conversation, [Boyd] reached into the center console of his truck, took out a gun, and tragically committed suicide. Snedegar testified that although [Boyd] had been drinking, his belief was that [Boyd] was not too drunk to understand the nature of his actions.
[Boyd] was considered by co-work ers and family to be a "perfectionist". He was also considered a hard working and dedicated employee. He had recently received a raise for his success at a job at Cinergy in Carmel. His work was a positive influence in his life.
16. After [Boyd's] death, Dr. Kenneth Barnes diagnosed [Boyd], based on a review of the deposition testimony and police report, as having obsessive compulsive tendencies.
17. Dr. Barnes concluded in his report that [Boyd's] Long-Term [sic] personality issues, the work-related accident, and other factors created a "perfect storm" that caused [Boyd] to commit suicide.
18. Detective Shawn Karr interviewed [Boyd's] wife and daughter a few days after the incident. [Boyd's] wife, stated at that time that her husband was an extreme perfectionist and that there were certain times of the year that he seemed to get very depressed. She stated to the detective that they did not allow their friends or other people outside of the immediate family to know about [Boyd's] depression.
19. [Boyd's] wife further testified at [the] hearing that [Boyd] had periodically suffered from bouts of depression for over 20 years; these bouts of depression were typically seasonal, causing more symptoms in the winter. [Boyd] refused treatment of his depression and often hid the signs and symptoms that he was depressed. However, at the time of the hearing [Boyd's] wife testified that inexplicably [Boyd] had not shown signs of depression prior to his suicide.
20. [Boyd] had previously contemplated suicide. [Boyd's] wife stated in her deposition that she used to be very afraid that she would come home and find him dead. She also admitted that, despite his successes, [Boyd] felt that he had accomplished little in his life.
21. [Boyd] was having difficulty in his personal life. He did not approve of his youngest daughter's recent marriage and was worried that she would not make it home for Christmas. Additionally, [Boyd's] wife was potentially leaving to visit her sick mother in Maryland around Christmas time. In the weeks leading up to the incident, [Boyd] had mentioned these issues to coworkers. [Boyd] commented that on his week off for Christmas that he planned to drink Whiskey all week.

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Bluebook (online)
911 N.E.2d 681, 2009 Ind. App. LEXIS 1227, 2009 WL 2579352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandenberg-v-snedegar-construction-inc-indctapp-2009.