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Karavolos v. Brown Derby12/19/1994
ry ingestion of cocaine--a controlled (and illegal) substance not prescribed by a physician. I believe that to find otherwise is totally contrary to public policy and defeats the intended purpose of our workers' compensation system.
As to the second claimed disorder, dysthymia, I agree with the majority opinion that an issue of material fact is created, rendering this matter unsuitable for summary judgment.
Specifically, it is not clear from the Materials attached to the motion for summary judgment and the motion in opposition whether the dysthymia in this instance is, or can be, a by-product of than cocaine usage, or, whether it exists because of, or has been substantially aggravated by, appellant's back injuries. Further, there is a conflict of opinion as to whether dysthymia is even a proper diagnosis in this instance.
Therefore, I would find appellant's first assignment of error to be well taken as it relates to the claim for dysthymia, but not well taken as it relates to cocaine delusional disorder.
In his second assignment of error in which appellant contends that summary judgment was improper, as genuine issues of material fact remain to be litigated concerning whether his psychiatric conditions were caused by his physical injuries, my opinion would reflect the above analysis, bifurcating the two disorders.
Thus, I would affirm in part and reverse and remand in part as to the second assignment.
Accordingly, I dissent in part and concur in part.
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