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Beckwith-Adams v. State5/2/2000
, lines 3-6:
Q. Has Dr. Singh advised you that your mental health condition is a result of your job stress?
A. I'm not asking for that.
The Tennessee Supreme Court has addressed on numerous occasions the issue of whether a mental disorder is a compensable accidental injury under the Tennessee Workers' Compensation Statutes. In Jose v. Equifax, Inc. 556 S.W. 2d 82 (Tenn. 1977) the plaintiff, an insurance adjuster alleged that his mental illness and alcoholism were attributable to on the job pressure and tension. Claimant was denied recovery of benefits on the grounds that the Tennessee Workers' Compensation Statute "does not embrace every stress or strain of daily living or every undesirable experience encountered in carrying out the duties of a contract of employment." Jose v. Equifax, supra, page 84.
Tennessee has established a threshold test that in workers' compensation cases, the mental stimulus causing a mental or physical injury must be fright, shock, or an acute sudden or unexpected emotional stress. Worry, anxiety or emotional stress of a usual nature in a particular occupation are not sufficient to establish an injury by accident. Galtin v. City of Knoxville 822 S. W. 2d 587 (Tenn. 1991).
We concur with the Claims Commissioner that the defendant's motion for summary judgment as to the workers' compensation claim of Richard W. Beckwith-Adams is well taken and that the claim should be dismissed.
On the 31st day of August, 1998 Richard Beckwith-Adams filed an amendment to his workers' compensation claim seeking to add wrongful discharge and whistle blower act violations and Americans with Disabilities Act (ADA) violation. Claimant on the 4th day of September, 1998 filed again a writing moving to include issues of wrongful discharge, whistle blower act violation and ADA violations and asking the Claims Commission to indicate what court claimant should use if the motions are denied. The State of Tennessee opposed the attempted amendments alleging that the Claims Commissioner lacked subject matter jurisdiction.
On the 13th day of October, 1998 the Claims Commissioner entered an order denying Richard Beckwith-Adams motions to amend his workers' compensation action to include wrongful discharge and ADA violations citing lack of jurisdiction. As to the issue of whistle blower violations the Claims Commissioner held that claimant had not provided enough information for a determination of whether or not there was jurisdiction in the Claims Commission and the motion to amend alleging whistle blower violations was held under advisement.
At the request of defendant/appellee a telephone conference was held on the 22nd day of December, 1998 with the claimant, the state's attorney and the Middle Division Claims Comissioner. In that conference call there was discussion of claimant's circumstances as to the whistle blower allegations.
In his deposition on the 31st day of July, 1998 claimant contended that his discharge was retaliatory for being unwilling to issue a permit in 1996 or early 1997 to DSSI, a company with an incinerator that burns low level hazardous waste. John Walton with the Department of Environment and Conservation overruled the denial of the permit and directed that it issue. Richard Beckwith-Adams called EPA and the Tennessee Attorney General's office and stated that the permits should not have been issued.
It was contended by Mr. Beckwith-Adams that the meeting on June 27, 1997 and his termination was retaliation for being unwilling to issue the permit and that his education was just an excuse to get rid of him.
It was in the context of whistle blower allegat
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