Williams v. State, Department of Revenue

938 P.2d 1065, 1997 Alas. LEXIS 83, 1997 WL 314443
CourtAlaska Supreme Court
DecidedJune 13, 1997
DocketS-6862
StatusPublished
Cited by18 cases

This text of 938 P.2d 1065 (Williams v. State, Department of Revenue) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, Department of Revenue, 938 P.2d 1065, 1997 Alas. LEXIS 83, 1997 WL 314443 (Ala. 1997).

Opinion

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Mary Ann Williams sought workers’ compensation benefits for physical and mental injuries she claimed she sustained as a result of her employment with the State Child Support Enforcement Division (CSED). The Board denied both claims, and the superior court affirmed. We affirm the denial of Williams’s mental injury claim, because we conclude that substantial evidence supports the Board’s finding that she did not suffer an “injury” as that term is restrictively defined by AS 23.30.395(17). 1 We reverse the denial of Williams’s physical injury claim and remand for calculation of benefits because we conclude that the State failed to rebut the presumption of compensability.

II. FACTS AND PROCEEDINGS

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Some of the relevant facts are set out in Williams v. State, Dep’t of Revenue (Williams I), 895 P.2d 9,9 (Alaska 1995):

[Mary Ann] Williams, who had held other state jobs since 1974, began working for the State of Alaska, Child Support Enforcement Division (CSED) in 1977. She was a clerk for CSED until 1979, when she was promoted to Child Support Enforcement Officer I. She became a supervisor with the title of Child Support Enforcement Officer II in 1980. Her general duties included preparing intrastate paternity orders and Uniform Reciprocal Enforcement Support Act cases, supervising a team of four people, reviewing case files, distributing the work load to typists, taking telephone calls, preparing affidavits, calculating AFDC arrearages, and meeting walk-in clients.
She became the only paternity establishment officer when a paternity unit was added to CSED in 1987. Williams coordinated paternity establishment, set up blood testing throughout the state, arranged travel and accommodations for clients, and dealt with problem clients who were having blood drawn.
In April 1990 Williams was told that her team needed to file paternity complaints in all its cases by October 1, 1990 to comply with the Family Support Act of 1988. There were approximately 2,400 to 2,600 such cases. Williams testified she found it difficult and stressful to file the required complaints as requested and complete her other work. She also testified that the absence of clerical support staff, the inadequacy of the physical work environment, and the perceived lack of management support created stress for Williams.
Beginning in 1974, Williams sought treatment for gastrointestinal problems, chronic stress anxiety, chrome fatigue, depression, and other problems. During the *1068 following years, Williams saw a number of doctors and psychologists.

Id. at 100.

In October 1974 internist Dr. Paul Steer, who treated her for the next thirteen years, first noted Williams’s bowel problems. Over the next decade, Dr. Steer reported on many separate occasions that Williams suffered from chronic stress anxiety. In April 1983 Williams began seeing Rusty Bellringer, a psychologist, for counseling for job-related stress. In June 1984 Dr. Steer diagnosed “chronic low grade depression” and “fatigue syndrome.”

Williams had a good working relationship with her supervisor, Jim Demming, but he retired in December 1986, and she did not get along with his replacement, Brenda Dru-ry. Williams testified that she felt a great deal of stress from having to explain procedures regarding paternity establishment to her new, less experienced, supervisor. Williams testified that there was mutual “intense dislike,” and that Drury treated her unsympathetically in granting Williams’s request for leave to see her dying mother.

Williams’s gastrointestinal symptoms waxed and waned over the years, but came back in full force in 1987-88. In the spring of 1987 she developed an ulcer. Dr. Steer saw Williams in June 1987 and diagnosed chronic but worsened depression; chronic stress anxiety, exacerbated recently by both work and family stresses; hiatal hernia; early duodenal ulcer; chest wall muscular pains; and irritable colon. By letter of July 30, Dr. Steer recommended that Williams take a Six-to eight-week medical leave. CSED granted Williams sick leave from September 8 until November 1, 1987. In the spring of 1988, however, her gastrointestinal problems recurred.

Williams saw Dr. Steer again in April 1988. He noted that she suffered from, among other things, depression with fatigue syndrome, chronic constipation, and chronic rectal discomfort and fissures.

In September 1988 Drury was replaced by Janell Briggs. Although Williams stated that Briggs was “probably the fairest person that [she] worked with as far as management was concerned,” she felt that there was a lack of access to Briggs, made worse by a perceived favoritism towards other officers.

In October 1988 Dr. Steer reported treating Williams for a “low grade flare of irritable colon associated with chronic depression.”

Williams was seen by Dr. Richard Buchanan, a gastroenterologist in Dr. Steer’s office, from February 1989 until October 1990. In November 1989 Dr. Buchanan diagnosed “fatigue syndrome,” and in June 1990 diagnosed, among other things, possible reflux esophagitis and gastritis, depression and anxiety, anal incontinence, and rectal urgency. Dr. Buchanan referred her to a Seattle-based proctologist for the incontinence, a problem that had become more pronounced since 1989.

In addition to work-related stress, Williams faced ongoing problems in her personal life. In Williams I, we noted that

In late 1986 her son was arrested for transporting cocaine. In the first half of 1987, her brother-in-law and mother died. Her son and daughter-in-law divorced in late 1986 and engaged in a painful child custody battle. Her daughter-in-law was awarded shared custody of Williams’ granddaughter, and moved out of the state in 1988. Williams also experienced stress in her relationship with her husband.

895 P.2d at 100.

In late March 1990 Williams committed to leave CSED. She retired under the State’s Retirement Incentive Program (RIP) effective October 1990, last working at CSED on July 2,1990. Id. at 101.

B. Proceedings

Williams I summarized the facts surrounding her workers’ compensation claim.

Three days [after her retirement] she filed a report of occupational injury or illness with the Board, claiming that numerous stress-related physical and mental injuries arose from her employment.
The State controverted Williams’ claim, asserting she had not suffered a compensa-ble injury or illness arising out of and in the course of her employment. Williams *1069

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Cite This Page — Counsel Stack

Bluebook (online)
938 P.2d 1065, 1997 Alas. LEXIS 83, 1997 WL 314443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-department-of-revenue-alaska-1997.