529 S.W.3d 804 (Mo. 2017)
Full Opinion: [Mantia v. MODOT]
Code(s): C006 Psychiatric Condition; C030 Compensability; C038 Occupational Disease
Factual
Background:
Claimant worked for MODOT for 20+ years at motor vehicle accident scenes,
often assisting at accident sites involving serious injuries or fatalities. In
2008, Claimant was diagnosed with depression by her primary care physician. At
trial, Claimant’s doctor testified that the diagnosis was work-related
depression and work-related post-traumatic stress disorder. MODOT’s expert, Dr.
Stillings, testified he has experience treating MODOT workers, Illinois
Department of Transportation workers, and workers from private companies who
work at highway accident scenes. Importantly, Dr. Stillings explained that it
was not unusual or extraordinary for these workers to experience human tragedy
as part of their employment.
Missouri
Court of Appeals Decision:
The Court of Appeals noted that in 2005,
section 287.800 was amended to require that all provisions of the Workers'
Compensation statute be construed strictly. After the 2005 amendments, section
287.120.8 can no longer be interpreted to require evidence of the stress encountered
by similarly-situated employees – according to the Court – since that
requirement is not expressed by the statute's plain and unambiguous terms.
Analysis/Holding:
The Court found that the objective
standard would be whether a reasonable highway worker would suffer
extraordinary and unusual stress as a result of exposure to the events the
claimant had experienced. While the Court found plenty of subjective evidence
of the claimant’s work-related mental-injury, they also found the record lacked
sufficient objective evidence that such stress, when applied to a reasonable
highway worker, would also be considered extraordinary and unusual.
Accordingly, the case was remanded to the Commission for proper review of the
claimant’s evidence.
The Takeaway:
For claims of psychiatric injury, the
claimant must present objective evidence to show that the working conditions
were extraordinary and unusual, when applied to a reasonable employee within
that same profession or industry.