APPEAL
FROM THE LABOR AND INDUSTRIAL RELATIONS COMMISSION
George
W. Draper III, Judge.
The
Missouri Department of Transportation (hereinafter,
"Employer") appeals from the Labor and Industrial
Relations Commission's (hereinafter, "the
Commission") decision awarding Linda Mantia
(hereinafter, "Employee") workers' compensation
benefits representing 50 percent permanent partial disability
of the body as a whole and the right to future medical care
for her work-related mental injury. Employer claims the
Commission misapplied the law and its award was not supported
by sufficient, competent, and substantial evidence.
This
Court has jurisdiction under article V, section 10, of the
Missouri Constitution, because it granted transfer after
opinion by the court of appeals. The Commission's
decision is vacated and the cause is remanded because the
Commission failed to apply the applicable and clear statutory
standards.
Procedural
and Factual Background
Employee
worked for Employer for more than twenty years. Employee
became a crew leader and, eventually, a supervisor. Her
duties included providing traffic control and assistance at
motor vehicle accident scenes on Missouri highways. Early in
her career, Employee observed accident scenes as often as
four times per week. In the 1990s, motorist assist workers
responded to the less serious accidents; yet, Employee and
her crew responded to the more serious accidents, which often
included fatalities.
In
February 2008, Employee's primary care physician
diagnosed her with depression and referred her to Dr. Asif
Habib (hereinafter, "Dr. Habib"). Employee reported
conflicting symptoms to Dr. Habib, and he prescribed her
several medications. Employee stopped seeing him because she
believed he was more interested in prescribing medications
than in treating her.
Employee
then began counseling with Dr. Timothy Jovick (hereinafter,
"Dr. Jovick") from August 2008 until early 2013.
Employee talked with Dr. Jovick about her experiences and
psychiatric symptoms. Employee described her belief that her
motivation and self-image as a supervisor had declined, she
became angry at motorists who sped in construction zones, and
she "stopped doing things." Dr. Jovick encouraged
Employee to drive by the areas she sought to avoid. Employee
stopped seeing Dr. Jovick because she felt speaking with him
only caused her to relive her traumatic experiences.
In
October 2008, Employee filed a workers' compensation
claim seeking benefits for mental injuries and disability
arising from her work. Employee presented her claims in a
hearing before an administrative law judge (hereinafter,
"ALJ"). Both Employee and Employer presented
medical expert testimony.
Employee
presented Dr. Jovick as her expert. Dr. Jovick testified he
relied only upon the medical history Employee provided and
did not review any other medical records. Dr. Jovick
concluded Employee suffered work-related depression and her
condition represented major depressive disorder. Dr. Jovick
also believed Employee suffered from post-traumatic stress
disorder caused by her work. However, Dr. Jovick conceded
that a "more comprehensive assessment" of Employee,
including an independent psychological and neuropsychological
evaluation, may be warranted for purposes of adjudicating
workers' compensation matters.
Employer
presented Dr. Wayne Stillings (hereinafter, "Dr.
Stillings") as its expert. Dr. Stillings testified he
treated Employer's workers, Illinois Department of
Transportation workers, and workers from private companies
who work on highway scenes. Dr. Stillings explained it is not
unusual or extraordinary for highway workers to witness human
tragedy at highway scenes. Dr. Stillings concluded Employee
suffered a depressive disorder and the prevailing cause was
her employment. Dr. Stillings opined Employee's
work-related depressive disorder resulted in permanent
partial disability.
The ALJ
denied Employee's claim for compensation because she
failed to prove she suffered extraordinary and unusual
work-related stress as required by section
287.120.8.[1] The ALJ specifically noted Employee's
testimony that other supervisors witnessed the same type of
accident scenes as she did and Dr. Stillings' testimony
that it was not extraordinary or unusual for highway
employees to view human tragedy when responding to an
accident. Employee sought review by the Commission.
The
Commission reversed the ALJ's decision. The Commission
awarded Employee benefits based on 50 percent permanent
partial disability as a result of her mental injury and
ordered Employer to pay for future medical care to treat her
mental injury. Employer appeals.
Standard
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