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City of Norman v. Garza12/16/2003
__ P.3d __
The dispositive issue on certiorari is whether the Court of Civil Appeals was correct in declaring a lack of competent proof to support the panel's order granting claimant temporary total disability benefits and psychological treatment. We answer this question in the affirmative.
On December 21, 2000, claimant filed his Form 3 wherein he sought psychiatric medical treatment for Post Traumatic Stress Syndrome and depression, and Temporary Total Disability benefits during that treatment. Claimant alleged stomach injury and psychological overlay. At trial on March 29, 2001, the trial tribunal held claimant's claim was compensable, awarded TTD and ordered psychological treatment. The Workers' Compensation Court En Banc subsequently affirmed the trial tribunal. In an unpublished opinion, the Court of Civil Appeals, Division I, vacated the decision of the Workers' Compensation Court. We granted certiorari.
FACTS AND PROCEDURAL HISTORY
The record reflects that claimant is a fifteen-year police officer with the City of Norman. He has been a police officer for a total of twenty-three years. Claimant signed and filed an Injury Report Form with his employer on December 4, 2000. This report lists his injury as "emotional trauma, by diagnosis approx. 28 November, 2000." It states the cause as an "auto accident with death and injury to three others alcohol-related; child involved." The date of injury is listed as "6-3 or 6-10-2000." While claimant contends other stressful situations such as the May 1999 tornado and the Oklahoma City bombing contributed to his stomach ailment, depression and PTSD, he waited until March 2000 to visit a physician -- years after the bombing and approximately ten months after the tornado. In addition, neither event is referenced in claimant's December 4, 2000, Injury Report Form.
Claimant testified he saw his family doctor, Dr. Alan B. Husky in March 2000. He further testified this was "the first official time maybe" he realized his physical issue involved his stomach. Trial Tribunal TR. at p. 18. Initially, when he saw Dr. Husky, March 27, 2000, claimant complained of constipation. He returned on April 27, 2000, and Dr. Husky diagnosed gastritis and referred claimant to a gastroenterologist, Dr. Steve Arora. Dr. Arora first examined claimant on May 22, 2000, and subsequently performed numerous tests. Claimant's medical expert, Dr. Smith-Horn, states in her report that claimant's date of first awareness was June 2000. Her report then states that in June 2000, claimant "worked a particularly gruesome accident involving a severely injured child," and that he developed a rapid onset of stomach pain and diarrhea. The report states that in the days to follow, claimant suffered cramping and diarrhea when getting in his patrol car or in route to the police station. It recounts claimant's referral to Dr. Arora, and that Dr. Arora performed an endoscopy "which showed severe gastritis." However, the record reflects that Dr. Husky referred claimant to Dr. Arora on April 27, 2000, and Dr. Arora first examined him on May 22, 2000, twelve days prior to the event claimant claims caused his psychological trauma, (the car accident in June, involving a child and a fatality.) While Dr. Smith-Horn's report notes Dr. Husky's referral of claimant to Dr. Rapperger, a psychiatrist, who diagnosed him with depression and PTSD, at no juncture does it reference Dr. Arora's finding of the H. pyoli bacteria and treatment thereof. In addition, the report conflicts with claimant's testimony regarding his date of first awareness, and further conflicts with the medical records as to the date upon which claimant was referred to Dr. Arora. The report stat
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