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Nakamura v. State

9/26/2000

ic Personality Inventory (MMPI) on February 20, 1996, which was interpreted by Dr. William Tsushima, psychologist, at Straub Clinic [.] The test results indicated that "He has major interpersonal problems and is often dwelling on his conflicts, feeling anger and frustrations. At times he has difficulty thinking clearly, but he is not psychotic presently." The diagnostic impression was "Adjustment disorder with mixed emotional features", with the recommendation of continued psychotherapy.


My diagnostic impression of Mr. Nakamura's case according to DSMIV guidelines are:


Axis I: 1. Depression, Not Otherwise Specified (311.0)


2. Adjustment Disorder with Mixed Emotional Features


3. History of paranoid disorder, secondary to work stress (1988)


Axis II: No personality disorder


Axis III: History of hepatitis


Axis IV: 4.5 (high)


Axis V: 50 (current Global Assessment of Functioning). 55 (Highest GAF in past year)


Mr. Nakamura's previous psychiatric history includes 6-month treatment (4-19-88 to 10-21-88) with Dr. Gordon Trockman, psychiatrist, for an industrial injury while working for the federal government. His diagnosis on Axis I was:


1) Paranoia (DSMIII-R 297.10) Persecutory type


2) Adjustment Disorder with Mixed Emotional Features and


3) Rule out Alcohol abuse.


He was treated with psychotherapy and antipsychotic medication (Prolixin) and returned to work.


To my knowledge, Mr. Nakamura did not have any psychiatric contact prior to seeing Dr. Trockman in 1988 and in the interim since 1988 through 1995.


I agree with Dr. Ponce that Mr. Nakamura would benefit from a combination of medication and behavioral cognitive treatment. However, Mr. Nakamura has not been able to obtain regular treatment from a psychiatrist. He has been seen on two occasions by Dr. Robert Hyman, and felt very relaxed after listening to stress tapes. However, because of the denial of his workers compensation case pending a hearing, Dr. Hyman requested that Mr. Nakamura obtain legal assistance, which Mr. Nakamura has not been able to obtain. His personal funds for seeking psychiatric treatment are depleted and he is in the process of obtaining public assistance.


I continue to support Mr. Nakamura's claim that the work conditions he experienced at the Maintenance yard, specifically, the name-calling, verbal harassment and threats (incidents which are not delusional and appear to have actually occurred) along with the IRS garnishment of his wages on 9/15/95, led to his inability to continue to work in the work environment, which he perceives as hostile and mismanaged.


I recommend that his condition be recognized as a work injury and that Mr. Nakamura be able to receive regular psychiatric and psychological treatment. Then more definitive plans could be made regarding returning to work functioning[.]


Dr. Shimizu also testified on behalf of Nakamura at the March 13, 1998 hearing before the Board. On direct examination, she and Nakamura had the following exchange:


[NAKAMURA]: . . . hat is your observance as far as my condition, when I first came to you?


[DR. SHIMIZU]: You were very agitated. You were very upset. You were very angry. And you told me what had happened, not only with your paycheck being so small, because the -- I guess the state had agreed with the letter from the IRS that funds be garnished from your paycheck, so that was a very upsetting thing, as well as the rather hostile environment that you felt you were working in for the past three years with threats, and d

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