BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G CLARA GAITHER, EMPLOYEE OPINION FILED OCTOBER 20, 2015

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1 BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. G CLARA GAITHER, EMPLOYEE ARK FOUNDATION FOR MEDICAL CARE, EMPLOYER, SEDGWICK CLAIMS MGT., INSURANCE CARRIER CLAIMANT RESPONDENT RESPONDENT OPINION FILED OCTOBER 20, 2015 A hearing was held before ADMINISTRATIVE LAW JUDGE CHANDRA L. BLACK, Pulaski County, Arkansas. The claimant appeared pro se. Respondents were represented by Mr. J. B. Smiley, Jr., Attorney at Law, Little Rock, Arkansas. S T A T E M E N T O F T H E CASE A hearing was held in the above-styled claim on September 29, 2015, in Little Rock, Arkansas. A Prehearing Telephone Conference was held in this matter on August 4, A Prehearing Order was entered on that same day. This Prehearing Order set forth the stipulations offered by the parties, their contentions, and the issues to be litigated. The parties submitted stipulations either pursuant to the Prehearing Order, or at the start of the hearing. I hereby accept the following stipulations: 1. The Arkansas Workers Compensation Commission has jurisdiction of the within claim. 2. The employee-employer-insurance carrier relationship 1

2 existed at all relevant times, including on January 27, The claimant s average weekly wage was $444, at the time of her alleged compensable mental injuries. Her compensation rates are $297 for temporary total disability, and $222 for permanent partial disability. 4. All issues not litigated herein are reserved under the Arkansas Workers Compensation Act. By agreement of the parties, the issues to be litigated at the hearing were as follows: 1. Compensability of the claimant s alleged mental injuries,(anxiety, headaches, and severe depression). 2. Reasonable and necessary medical treatment. 3. Whether the claimant is entitled to temporary total disability compensation from May 20, 2012, until a date yet to be determined. The claimant s and respondents contentions are set out in their responses to the Prehearing Questionnaire. Said stipulations are hereby incorporated herein by reference. The documentary evidence submitted in this case consists of the hearing transcript of September 29, 2015, and the documents contained therein. The Claimant s Oral Deposition of August 3, 2015, has also been made a part of the record, which has been marked as Respondents Exhibit No. 2. It is retained in the Commission s file. 2

3 The following witness testified at the hearing: the claimant. DISCUSSION The claimant was the only witness giving testimony at the hearing. She was fifty-eight years old at the time of the hearing. The claimant was previous employed by Arkansas Foundation for Medical Care. Her employment duties included work as a receptionist. The claimant verified that she did not sustain any type of physical injuries while working for the respondentemployer. However, the claimant testified that she began having headaches in She maintained that she reported these headaches to Drs. Stanley Burns and Karameelah Banks. The claimant testified that Dr. Banks is a licensed psychologist. She essentially testified that Dr. Banks diagnosed her with headaches, anxiety, and severe depression. The claimant testified that she is seeking workers compensation benefits for these injuries. According to the claimant, she started having these symptoms as a result of exposure to a harsh work environment while working for the respondent-employer. The claimant essentially stated that she suffered these conditions(headaches, anxiety, and severe depression) due to being subjected to a racist work environment. The claimant also stated that her increased anxiety, which resulted from her racist work environment caused her to smoke more. The claimant testified that she was diagnosed with these conditions around 2010, by Dr. Banks. She stated that she 3

4 was placed on Lexapro for these conditions. The claimant last worked for the respondent-employer in January of During the hearing, the claimant gave examples of alleged acts and/or incidents that occurred in her work environment, which she construed to be racist and discriminatory. According to the claimant, she filed a complaint with the Equal Employment Opportunity Commission (EEOC), due to these discriminatory working conditions. However, the claimant verified that her EEOC complaint has been dismissed. A review of the medical evidence shows that the claimant has been diagnosed with anxiety disorder, severe depression, and paranoid ideation. She also suffers from other medical conditions that are not related to this workers compensation claim. Compensability ADJUDICATION The claim for a mental injury or illness is governed by Ark. Code Ann (a), which provides: (a)(1) A mental injury or illness is not a compensable injury unless it is caused by physical injury to the employee's body, and shall not be considered an injury arising out of and in the course of employment or compensable unless it is demonstrated by a preponderance of the evidence; provided, however, that this physical injury limitation shall not apply to any victim of a crime of violence. (2) No mental injury or illness under this section shall be compensable unless it is also diagnosed by a licensed psychiatrist or psychologist and unless the diagnosis of the condition meets the criteria established in the most current issue of the Diagnostic and 4

5 Statistical Manual of Mental Disorders. This evidence establishes by a preponderance of the evidence that the claimant suffers from symptoms of a mental injury or illness. However, during the hearing, the claimant readily admitted that she did not suffer any type of physical injury, while working for the respondent-employer. Nor was any type of evidence presented demonstrating that the claimant was the victim of a crime of violence in the workplace. Unfortunately, under these circumstances, the claimant cannot meet her burden of proof for a compensable mental injury. Therefore, based on the evidence presented in this case, I am compelled to find that the claimant has failed to establish by a preponderance of the evidence that suffered a mental injury under the provisions of the Arkansas Workers Compensation Act. Having found that the claimant did not sustain a compensable mental injury, the remaining issues pertaining to associated medical benefits and temporary total disability compensation relating to this claim have hereby rendered moot. As a result, these issues have not been addressed herein this Opinion. FINDINGS OF FACT AND CONCLUSIONS OF LAW On the basis of the record as a whole, I make the following findings of fact and conclusions of law in accordance with Ark. Code Ann The Arkansas Workers Compensation Commission has jurisdiction of the within claim. 5

6 2. The employee-employer-carrier relationship existed at all relevant times, including January 27, The aforementioned stipulations have been accepted as fact. 4. The claimant failed to prove that she sustained compensable mental injuries of anxiety, headaches, and severe depression, while working for the respondent-employer. ORDER For the reasons discussed herein, this claim for a mental injury must be, and hereby is, respectfully denied in its entirety. IT IS SO ORDERED. CB/dr CHANDRA L. BLACK ADMINISTRATIVE LAW JUDGE 6

7 October 20, 2015 CERTIFIED MAIL-- RETURN RECEIPT REQUESTED Ms. Clara C. Gaither 5920 McCain Place, Bldg. 9, Apt. 202 North Little Rock, AR Mr. JB Smiley Attorney at Law 400 West Capitol, Ste Little Rock, AR RE: Clara C. Gaither v. Arkansas Foundation for Medical Care WCC No. G Dear Ms. Gaither and Mr. Smiley: Enclosed please find a copy of the Opinion filed in the above-referenced claim. Sincerely, Chandra L. Black Chandra L. Black Administrative Law Judge Enclosure 7