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Hay v. Schwartz12/29/1998
o back to function effectively at his previous job as a fire marshall. I believe his disability is related to exposure to murder/suicide trauma on the job in 1995 and 1996." Hay did not inform Dr. Kling that he and his wife received marriage counseling in 1991.
At the hearing before the Board on January 30, 1997, Dr. Kling testified that, in his opinion, Hay suffered overall depression associated with his position as fire marshall which could not be completely stabilized with medication and counseling and that he had become impaired and unable to perform his job . He further testified that:
"I was very impressed in talking with Mr. Hay that I didn't see any way of providing medication or counseling or conditioning. I didn't see any way that he could go back to that job . . . . here's no doubt that events like the murder/suicide and other incidents happened on the job. Those were not home events, those were on the job events. And those were what went with his depression and his panic. Also, now that he's away from that job, his functioning has returned to basic healthy functioning . . . . It's my opinion that those were the precipitating events."
Hay, testifying on his own behalf at the hearing, testified that since he left his job as fire marshall on April 1, 1996, he has worked in the construction business, for the Missouri Highway Department, and as a plumber. He further testified that since he left his job as fire marshall, his life has been stress-free, for the most part. Hay and Dr. Kling were the only witnesses to testify at the hearing. Neither the Board nor the District presented any evidence at the hearing.
On April 25, 1997, the Board denied Hay's application for benefits. The Board found that:
"Applicant's mental conditions are not work-related disabilities. At the hearing before the Board of Trustees, Applicant relied on his own testimony and that of Dr. Ian Kling, his psychiatrist. Based upon a thorough review of the case file, pleadings file, and testimony at the hearing, the Board specifically finds that Applicant's mental conditions are not the product of work-related stress and pressure . . . ."
"There is insufficient evidence to show that Applicant's conditions was incurred in the line of duty . . . ."
"The Board has considered and evaluated all the substantial and competent evidence and carefully assessed the credibility of each of the witnesses: the Applicant, Mr. William K. Hay, and Dr. Kling. The Board has used such evaluation and assessment in reaching its Conclusion . . . ."
"Based upon the evidence presented, the Board cannot find and conclude that Applicant's alleged disability or incapacity, whether temporary or permanent, is a natural and proximate result of a personal injury or disease which arose out of and in the course of Applicant's actual performance of duty as an employee as provided in Section 70.600.3, RSMo ."
Hay filed a notice of appeal on April 24, 1998, appealing the Board's decision to the circuit court. On April 27, 1998, the circuit court reversed the decision of the Board, finding that Hay's inability to perform the job of fire marshall was the result of a permanent mental disability which was the natural and proximate result of the performance of his duties as fire marshall. The court found that the decision of the Board was not supported by competent and substantial evidence and that Hay was entitled to benefits pursuant to section 70.680.3.
This appeal follows.
Standard of Review
Our review is of the decision of the Board, not the decision of the trial court. Anderson v. Missouri Local Gov't Employees Re
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