Daneker v. Workers' Compensation Appeal Board8/3/2000
Submitted: November 12, 1999
Karen Daneker (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a Workers' Compensation Judge (WCJ) denying Claimant's claim petition for workers' compensation benefits.
Claimant began working for White Haven Center (Employer) in 1978 as a clothing room aide. In 1983, the position of clothing room aide was abolished and Claimant was reassigned as a residential service aide. The change in position resulted in Claimant losing her job seniority and required her to work from 11:00 p.m. to 7:00 a.m. instead of from 7:00 a.m. to 3:00 p.m.
After approximately one year, Claimant sustained a work-related injury and was absent from work for several months. When she returned, she was assigned to a "non-ambulatory" ward that required her to provide hands-on care for twenty to thirty patients. Eventually, after a year and a half, Claimant returned to day shift and continued working as a residential aide.
In 1988, Claimant had three successive disciplinary charges lodged against her for three different reasons: breaching patient confidentiality, verbally abusing a patient, and leaving work early, but she was ultimately cleared of having committed these violations. On June 28, 1988, Claimant left work after she became ill with symptoms of indigestion and stomach pain. On September 14, 1989, Claimant officially resigned from her position with Employer.
On September 25, 1990, Claimant filed a claim petition against Employer, originally alleging that abnormal working conditions resulted in job stress causing her to develop major depression that disabled her as of June 28, 1988. Subsequently, Claimant amended her petition to allege physical symptoms in the nature of agitation, nausea, abdominal pain and vomiting related to stress from her employment. Employer filed a timely responsive answer, denying the material allegations contained in the petition, and hearings were scheduled before a WCJ.
During the hearings, Claimant testified to the above events. Specifically, Claimant testified that, as a result of the change in her job duties accompanying the elimination of her position of clothing room aide in 1983, Claimant began to experience extreme gas pains, vomiting and stomach pains. On cross-examination, Claimant indicated that she was under stress and anxiety and, on certain occasions, she was excused from work because she "[couldn't] take it." (Notes of Testimony, Hearing of October 15, 1992, p. 65.)
Additionally, Claimant presented the testimony of Gregory Fino, M.D., her family physician, Matthew Berger, M.D., a psychiatrist, and Richard Fischbein, M.D., also a psychiatrist. On February 1, 1988, Claimant presented herself to Dr. Fino complaining that she "'just was not feeling well.'" (WCJ's Decision, Finding of Fact No. 8.) As Dr. Fino began treating Claimant's existing diabetes and arthritis, Claimant complained to Dr. Fino that she was experiencing problems with belching when nervous or anxious. After the symptoms persisted, Dr. Fino referred Claimant to a gastroenterologist, but still treated Claimant for her gastrointestinal problems. Ultimately, Dr. Fino diagnosed Claimant with irritable bowel syndrome caused by Claimant's psychological problems. Dr. Fino explained that anything related to Employer increases Claimant's anxiety, which triggers her bowel symptoms. Dr. Fino, therefore, indicated that Claimant should not return to employment with Employer.
On January 21, 1993, Dr. Berger performed an independent psychiatric evaluation of Claimant at the request of Employer. Dr. Berger noted that Claimant felt her change in
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