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Daneker v. Workers' Compensation Appeal Board8/3/2000
ions, is the same in each instance.
In the present case, Claimant endured stress and anxiety related to the changes in her employment. Dr. Berger testified that Claimant suffers from anxiety, depression and a phobia regarding the White Haven Center. In addition, Dr. Berger noted that Claimant's physical problems, which occurred after her difficulties at work began, are "interrelated" with her psychiatric problems. Because Claimant suffers from psychic injuries, together with interrelated physical injuries, which were caused by a psychic stimulus, Claimant must, in light of Davis, prove abnormal working conditions, as the distinction between the mental/mental and mental/physical classifications concerning the corresponding burden of proof is no longer relevant.
Therefore, our present inquiry turns to whether Claimant established that she was subjected to abnormal working conditions, which is a mixed question of law and fact fully reviewable by this Court. Jeanes Hospital v. Workmen's Compensation Appeal Board (Miller), 595 A.2d 725 (Pa. Cmwlth. 1991), petition for allowance of appeal denied, 532 Pa. 648, 614 A.2d 1144 (1992). The WCJ considered this issue and determined that Claimant did not establish that she was subjected to abnormal working conditions. The WCJ found that Claimant's job change, shift change, loss of seniority, tense relationship with her co-workers, and subjection to disciplinary action did cause her stress, but in today's volatile employment environment, these factors did not amount to abnormal working conditions. Based upon our independent review of the record, we must agree. We therefore conclude, as the WCJ and the Board did, that Claimant did not establish that she was exposed to abnormal working conditions, and her claim petition was appropriately denied.
Accordingly, we affirm the decision of the Board.
JOSEPH T. DOYLE, PRESIDENT JUDGE
ORDER
NOW, August 3, 2000 , the order of the Workers' Compensation Appeal Board in the above-captioned matter is hereby affirmed.
JOSEPH T. DOYLE, PRESIDENT JUDGE
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