09-3922 BARBARA McKENZIE, v. MENTAL HEALTH CARE, INC./SUMMIT CLAIMS CENTER

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State: Florida

Court: Florida First District Court

Docket No: 09-3922

Case Date: 07/23/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

BARBARA McKENZIE, Appellant, v. MENTAL HEALTH CARE, INC./ SUMMIT CLAIMS CENTER, Appellees. _____________________________/ Opinion filed July 23, 2010.

CASE NO. 1D09-3922

An appeal from an order of the Judge of Compensation Claims. Doris E. Jenkins, Judge. Date of Accident: June 14, 2008. Michael J. Winer of the Law Office of Michael J. Winer, P.A, Tampa, for Appellant. Ben H. Cristal and Michael L. Cantrell of the Crystal Law Group, Tampa, for Appellees.

HAWKES, C.J. In this workers' compensation appeal, we are required to interpret section 440.093, Florida Statutes, enacted by the Florida Legislature as part of the 2003 Chapter 440 reforms. Section 440.093 discusses the four situations when mental

or nervous injuries arise. Because both parties appear to have misunderstood how the chapter now handles these types of claims, we reverse and remand this matter to the JCC for further proceedings. Facts Claimant, a registered nurse, worked in a treatment center that houses patients with behavioral and mental disorders. While at work, a violent patient attacked her and struck her in the neck and throat. As a result of the accident, she was diagnosed with a laryngeal contusion and vocal cord hematoma. These

physical injuries required medical treatment. The employer/carrier accepted these claims as compensable. In addition to the claims based on her physical injuries, the Claimant claimed psychiatric injuries and requested treatment with a psychiatrist. The employer/carrier denied the psychological claims, alleging the psychiatric injuries were not compensable. At a hearing before a JCC, both parties' arguments focused on section 440.093(2), Florida Statutes, which authorizes coverage for psychiatric injuries that manifest themselves as a result of a physical injury otherwise compensable under Chapter 440. In light of both parties' arguments, the JCC denied the

compensability of the psychiatric injuries, concluding "[t]here is no evidence . . . that Claimant's laryngeal contusion and vocal cord hematoma alone constitute at least 50% of the cause of her PTSD [Post Traumatic Stress Disorder], dysthymic 2

disorder, anxiety disorder or personality disorder." Claimant now challenges the JCC's ruling, arguing the JCC erred in its application of section 440.093(2). Because this issue requires us to interpret and apply section 440.093, our review is de novo. See Socolow v. Flanigans Enters., 877 So. 2d 742, 743 (Fla. 1st DCA 2004). Section 440.093 The Workers' Compensation Law is designed to provide defined benefits for certain injuries caused by workplace accidents. See Chapter 440, Fla. Stat. (2007). Although recovery for psychiatric injuries is limited and restricted under the law, certain psychiatric injuries, which the statute refers to as "mental or nervous injuries," are compensable. Id. Section 440.093 was added to the chapter as part of the 2003 reforms. This section addresses "mental or nervous injuries" and clarifies when these injuries are either compensable, or when they affect compensability. Id. Section 440.093(1) contains three sentences, with each sentence addressing different situations when mental or nervous injuries may arise in the workplace. Section 440.093(2) defines a fourth situation involving mental or nervous injuries. The following discussion addresses the extent of coverage for these four situations. The first sentence in section 440.093(1) provides: "A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising 3

out of the employment." This first provision precludes coverage for mental or nervous injuries caused only by mental trauma. In other words, an employee will not receive compensation for a mental or nervous injury that is caused by "stress, fright or excitement" alone. Examples might include a situation where an

employee experiences mental trauma after being robbed at gunpoint but does not suffer a physical injury requiring medical treatment; or perhaps a situation where an employee suffers a mental or nervous injury as a consequence of witnessing some horrific event at the workplace. Although the legislature recognizes that such mental or nervous injuries exist, they are not compensable pursuant to Chapter 440. The second sentence in section 440.093(1) provides: "Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment." This second provision recognizes and makes compensable mental or nervous injuries that accompany a separate physical injury serious enough to require medical treatment. Critically important to the interpretation of this provision is the recognition that a workplace accident can cause an employee to suffer both a physical injury and a separate mental or nervous injury. The statute sets conditions regarding standards and proof requirements, but generally if a separate mental or nervous injury occurs at the same time as a physical injury 4

requiring medical treatment, the mental or nervous injury will also be compensable. For example, if an employee, in the course and scope of

employment, is sexually assaulted at the workplace and suffers a physical injury that requires medical treatment, the physical injury is certainly compensable. See

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