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Prettyman v. State3/11/1997
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
This is an appeal from an order of the Division of Workers' Compensation directing respondent-appellant, State of New Jersey ("State"), to pay medical benefits to petitioner-respondent, Ann Prettyman ("petitioner"). On September 8, 1995, petitioner filed a Claim Petition alleging she suffered a compensable injury in the nature of depression, high blood pressure and post traumatic stress disorder, as the result of being falsely imprisoned and harassed by State Police detectives in the State House basement. She moved in the Division for temporary disability and medical benefits on or about September 15, 1995. In its Answer to the Claim Petition, filed on May 22, 1996, the State denied the alleged injury occurred out of and in the course of petitioner's employment.
Hearings on the motion were heard before the Honorable William L. Boyan, Judge of Compensation, on November 13, 1995, November 29, 1995 and December 4, 1995. The Judge ordered the State to pay for petitioner to continue to see a psychiatrist, Michael J. Orlosky, M.D. An appropriate order was entered, and the Judge denied the State's motion for a stay. The State filed its Notice of Appeal and moved for summary Disposition and a stay pending appeal. On April 8, 1996, we denied the motion.
The parties stipulated that petitioner was an employee in the Office of the Attorney General on August 3, 1995. Her title was Principal Stock Clerk and her duties included the operation and maintenance of the photocopiers; stocking of three supply rooms; sorting and distribution of mail twice daily; inventory of office furniture; data entry; and organization of a key system for offices, cabinets and desks in the building. These keys were kept in a cabinet in the supply room where petitioner sits. It was her duty to distribute the keys to other employees at the direction of her supervisor. She worked in this capacity for fourteen years, and was never charged with a crime or written up on disciplinary charges.
In May 1995, the receptionist for the Attorney General inquired of petitioner about obtaining a key for her desk because she did not have any place to lock her things. Thereafter, petitioner found a key to the receptionist's desk and gave it to her. Although petitioner requested that the receptionist return the key before she was laid off in June, she did not do so. In June 1995, petitioner went to look for the key. Petitioner looked in the receptionist's desk for the key but did not find it. She did not remove anything from the desk.
Apparently, at this time petitioner was videotaped searching through the desk, as an investigation of the theft of an expensive bracelet from a secretary's desk in the Office of the Attorney General was under way. A bracelet had been found in the women's bathroom by an employee, who turned it in. A sign was posted that the owner of the bracelet could retrieve it at the receptionist's desk. However, when the owner came to retrieve the bracelet, it was found to be missing. A surveillance camera was installed on June 22, 1995, and on June 27, 1995, a Criminal Justice Investigator monitoring the video surveillance observed a woman going through the desk in question. After further investigation, it was determined that petitioner was the woman on the videotape.
On August 3, 1995, two plainclothes State Police detectives approached petitioner outside of her office in the supply room. According to petitioner, they asked her if she would help them with an investigation and accompany them to the State House. It was petitioner's impression that by "help" they meant photocopying or something similar. P
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