 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Bass v. Kenco Group11/21/2005
ician, his psychiatrist, his psychologist, his vocational expert, and the Palmetto Health Alliance psychologist that the Employee suffered post-traumatic syndrome disorder, that he had an adjustment disorder with depressed mood, that his pain profile classification was "Dysfunctional," and that these problems were directly induced by the injuries sustained in the accident. The Single Commissioner's order, adopted in full by the Hearing Panel, quoted liberally and convincingly from the records of those individuals and cited overwhelming support for the ultimate findings of the Commission in regard thereto. Conversely, the Defendants proffered no contradictory evidence whatsoever either by way of APA submissions, cross-questioning of those experts, or deposition evidence. Thus, not only was there substantial evidence to support the commission's conclusions but in fact all of the evidence proffered on these points clearly and convincingly supported the Employee's contentions.
Dr. Estefano stated: "It is from this [shoulder] injury that Mr. Bass has developed severe depression and panic attack." He observed that Bass had "developed severe anxiety, severe depression, and excessive amount of pain on his shoulder due to his injury at work." Psychologist Patricia Feigley opined Bass's "emotional problems have developed as a result of being injured and unable to work at his previous level." In addition, Dr. Stuck declared: "I do sincerely believe that the anxiety and stress of his permanent disability and treatment through Workers' Comp has contributed to his emotional problems that he's now having." These uncontroverted opinions adequately support the commission's conclusion that Bass's post-traumatic syndrome disorder, panic disorder, and adjustment disorder with depressed mood were directly induced by the shoulder injury.
The record fully supports the commission's finding that Bass suffered mental problems as a result of a physical injury. Bass incurred two injuries; therefore, the award under section 42-9-20 was appropriate.
C. Origin of Bass's Psychological and Emotional Problems
In light of the overwhelming evidence in the record, we reject Kenco's contention that the commission improperly awarded benefits to Bass for psychological and emotional problems.
"A mental-mental injury is a purely mental injury resulting from emotional stimuli." Doe v. S.C. Dep't of Disabilities & Special Needs, 364 S.C. 411, 418, 613 S.E.2d 785, 788 (Ct. App. 2005) (citation omitted). In order to receive benefits for a mental-mental injury unaccompanied by a physical injury, a claimant must demonstrate the "stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment." S.C. Code Ann. ยง 42-1-160 (Supp. 2004); Doe at 418, 613 S.E.2d at 788.
However, where "the mental injury is induced by physical injury, it is not necessary that it result from unusual or extraordinary conditions of employment." Getsinger v. Owens-Corning Fiberglas Corp., 335 S.C. 77, 80, 515 S.E.2d 104, 105-06 (Ct. App. 1999) (internal quotation marks omitted) (emphasis in original) (quoting Estridge v. Joslyn Clark Controls, Inc., 325 S.C. 532, 482 S.E.2d 577 (Ct. App. 1997)). Thus, a mental injury induced by a physical injury is compensable. Doe at 420, 613 S.E.2d at 790; see also Stokes v. First Nat'l Bank, 298 S.C. 13, 377 S.E.2d 922 (Ct. App. 1988). "A condition, which is induced by a physical injury, is thereby causally related to that injury." Doe at 420, 613 S.E.2d at 790.
Kenco asserts that Bass's emotional injuries were not a result of his shoulder injury. However, Kenco's contention is not
Page 1 2 3 4 5 6 7 8 South Carolina Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|