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Smith-Price v. Charter Pines Behavioral Center9/2/2003
n reviewed the Full Commission's findings of fact and conclusions of law and determined plaintiff had presented sufficient evidence to satisfy the test for a compensable occupational disease.
The approach in Harvey, Baker, and Pulley was to apply to each plaintiff the three-part test for occupational disease to determine whether compensation was proper. See Harvey, 85 N.C. App. at 543, 355 S.E.2d at 150; Baker, 120 N.C. App. at 787, 463 S.E.2d at 562-63; Pulley, 121 N.C. App. at 693, 468 S.E.2d at 510 (all three cases applying the test outlined in Rutledge, 308 N.C. at 93, 301 S.E.2d at 365). These cases do not make a distinction between mental and physical occupational diseases. The question for each Court was simply whether plaintiff's condition met the test for compensable occupational disease.
Id. at 117-18, 476 S.E.2d at 413.
In the present case we find that plaintiff presented evidence which supports the Commission's determination that her mental disorders stem from a job which has unique stresses to which the general public is not exposed. Plaintiff was caring for the mentally ill whose problems ranged from the suicidal to those who were severely anxious or depressed. There had already been one death at Charter which resulted in local and national news coverage of the conditions at Charter under which plaintiff labored. This case presents a situation far more severe than merely an employee's relationship with an abusive supervisor as was the case in Woody.
We believe plaintiff worked in an atmosphere permeated with stress and this case is much more analogous to Pulley due to the fact that she worked with an aberrant population where treatment errors could (and did at least once) result in death. These are not common workplace stresses.
Thus we hold that the Commission could properly find, on the record before it, that plaintiff suffered from a compensable occupational disease, even though evidence to the contrary existed.
Accordingly, the opinion and award of the Commission is affirmed.
Judges McGEE and CALABRIA concur.
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