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In re Appeal of New Hampshire Department of Health and Human Services8/23/2000
Compensation Appeals Board
The petitioner, the New Hampshire Department of Health and Human Services, appeals a decision of the New Hampshire Compensation Appeals Board (board) awarding workers' compensation benefits to the respondent, Gail Sirviris-Allen, for the disability of major depression. The board found her disability compensable under the workers' compensation statute because it was caused by employment-related stress arising from her supervisor's legitimate criticism of her work performance. We affirm.
We recite the facts as found by the board or as presented in the record. The respondent began her employment with the State of New Hampshire in February 1978 as a Clerk I. When she left her employment with the petitioner in August 1995, she had been employed as a Case Technician II for nine years. Her duties in the latter job included taking applications for food stamps, Medicare, and disability, as well as verifying information and entering it into the computer. She was also required to contact clients and follow up by letter. During her tenure, the respondent often failed to adequately fulfill her assigned work responsibilities. In 1989, due to job performance problems including inaccuracy and a poor attitude, she was transferred to a slower-paced environment. In 1992, she was given a series of performance warnings and transferred to an even less demanding position.
Her tenure was also marked by frequent medical and psychological problems. In 1993, prior to filing the claim giving rise to this action, the respondent successfully filed a workers' compensation claim for stress, and was excused from work for the months of August and September. In March 1994, she was diagnosed with clinical depression and problems related to attention deficit disorder (ADD), and excused from work for thirty days. In April 1994, she was given an additional two-week respite from work.
Upon her return in May 1994, she requested placement in a private, quiet office location to accommodate her ADD and to allow better concentration on her work. Apparently, her request was not granted. During the spring and summer, the respondent received several letters from applicants complaining about her job performance and written warnings from her employer. She testified that her supervisor criticized her for "every little thing," and that as of April 1995, she had endured almost one year of "verbal abuse at work." On August 4, 1995, she left work due to tension and stress. She called in sick a few days later, claiming that she could not face the pressure of her work environment. Shortly thereafter, she complained to her psychiatrist of stress-related symptoms, including headaches and chest pains. In September 1996, her physician advised that she was capable of returning to work, but not to her former position.
In September 1995, the respondent filed a workers' compensation claim, claiming that she suffered a work-related stress injury resulting from disciplinary action taken against her on or about August 5, 1995. A department of labor hearing officer denied her claim, and after a de novo hearing, the board reversed. The board found that the respondent's ADD constituted a pre-existing weakness which caused her work performance to suffer. It also found that her supervisor's criticism, although justified, caused her major depression. Finally, the board concluded that the respondent's work-related stress, which triggered depression, headaches, and chest pain, was greater than normal, non-employment related stress. The petitioner's motion for reconsideration was denied. This appeal followed.
The petitioner argues that the board's decision should be reversed because: (1)
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