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Hay v. Schwartz12/29/1998
This is an appeal from the judgment of the circuit court reversing the decision of the Board of Trustees (the Board) of the Missouri Local Government Employees Retirement System (LAGERS) denying William Hay (Hay) duty disability retirement benefits (benefits) pursuant to section 70.680.3.
Hay raises two points on appeal. In Point I, he claims that the Board's decision denying him benefits was not supported by the evidence in that he presented undisputed, credible, competent, and substantial evidence to show that he was totally and permanently mentally disabled from his job as fire marshall as the natural and proximate result of a personal injury or disease which arose out of and in the course of the actual performance of his job duties. In Point II, he claims that the Board's decision was not supported by the evidence in that his expert witnesses' undisputed testimony and reports supported an award of benefits and, not specifically finding that such evidence was incredible or unworthy of belief, the Board was not free to disregard it.
We affirm.
Facts
Hay began serving as a volunteer firefighter for the Sni Valley Fire Protection District (the District) in December 1980 and served as such until 1991. In 1991, he became a full-time firefighter. In 1993, Hay was promoted to the rank of captain and, in 1994, was promoted to fire marshall. As a part of his job , he was dispatched to emergency fire, medical, and rescue scenes. In 1991, just after becoming a full-time firefighter, Hay began contemplating having an extra-marital affair. As a result, he and his wife attended three or four sessions of marriage counseling.
Over the course of his employment with the District, Hay responded to numerous emergency scenes involving traumatic deaths. For example, on one occasion he responded to a motor vehicle accident involving a young driver who had both his arms severed. Before Hay and other emergency personnel were able to free the victim from his automobile, he bled to death. On another occasion, Hay responded to a scene where a woman committed suicide by placing her head in the path of a tractor trailer on an interstate highway. As a further example, he was once required to assist in the collection of the remains of a man who died from a fire at his mobile home.
In 1994, Hay began experiencing anxiety attacks, insomnia, and depression. On February 18, 1994, he experienced heart palpitations and sought treatment in a hospital emergency room. On February 21, 1994, he sought follow-up treatment from Dr. Geha, his family physician, who noted that his heart palpitations may have been related to panic attacks. Dr. Geha prescribed Vistaril, a medication used to treat anxiety.
Between 1994 and 1996, Hay's condition grew progressively worse. Whenever an emergency situation arose at work, he suffered anxiety attacks, had trouble focusing on his job , and suffered a loss of appetite. Sometime following his treatment by Dr. Geha, he was treated by a psychiatrist who prescribed Zoloft, a medication used to treat depression. On June 26, 1995, he presented himself at the emergency room of the Eastern Jackson County Psychiatric Associates, Inc., and was seen by Dr. Edwards. Dr. Edwards' notes indicated that Hay reported that he had been thinking a lot about death and a friend who had tried to commit suicide. In early February 1996, Hay responded to a murder/suicide scene where a man had shot and killed his girlfriend before killing himself. Hay was an acquaintance of the victim's mother.
On February 16, 1996, Hay went to the Blue Springs, Missouri, branch office of the Comprehensive Mental Health Services, Inc., and reported t
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