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Banks v. LTV Steel Co.2/22/1995
ew of the Workers' Compensation Act, such mental conditions are not compensable as occupational diseases."
Thus, in order to recover workers' compensation benefits for a mental condition, the employee must establish by a preponderance of the evidence that (1) there was an injury received in the course of, and arising out of, the employee's employment as defined by R.C. 4123.01(C); and (2) the work-related injury caused the employee to become dominated by a disturbance of the mind of such severity as to override normal behavior. See Borbely v. Prestole Everlock, Inc. (1991), 57 Ohio St.3d 67, 565 N.E.2d 575.
In the instant case, it is uncontroverted that appellant suffered an injury in the course of, and arising out of her employment. Appellees also did not challenge the report of Dr. Fero, who diagnosed appellant's condition as instructed by the commission. The report reads in pertinent part as follows:
"Our final diagnoses were Chronic Cervical Thoracic and Lumbar Myositis, and to this I added Post Traumatic Stress Disorder. It was clear from the data we had accumulated that Ms. Banks was suffering with extreme anxiety and panic and that this was related to her experience of being injured and pinned and trapped by the panel and her fear at the time of that experience. To be fair there are other contributing factors including continuation on Valium over the year and one half which in my opinion would impede recovery. Also I believe Ms. Banks['] personality contributed to a predisposition to an anxiety disorder. But clearly traumatic experience was the primary cause of both her anxiety disorder and her pain complaints, and the other factors only slowed or prevented her recovery.
"I believe Ms. Banks needs the help of a psychiatrist or psychologist experienced in treating anxiety disorders and chronic pain disorders. I would recom-
mend Dr. Phillip Fischer as someone experienced in this fashion. I will be happy to provide a referral to Dr. Fischer or to another Doctor at the request of Ms. Banks.
"David D. Fero, Ph.D.
Psychologist and
Clinical Director
Huron Hospital
Pain Management Center"
The plain reading of Dr. Fero's diagnosis shows that appellant's mental condition is directly linked to her April 21, 1986 injuries. If we accept appellees' reasoning, then workers' compensation is unavailable to an airline flight attendant who is injured in an airplane crash and later develops a mental condition because of the crash even though she no longer suffers physical pain from the crash. Such a narrow holding will not comport with the psychiatric exception the law allows.
We hold that the record supports appellant's claim as recognized by the commission that she suffers from compensable mental condition.
Appellant's sole assignment of error is sustained. The trial court's summary judgment in favor of appellees is reversed, and judgment is entered for appellant.
Judgment accordingly.
NAHRA, C.J., and MATIA J., concur.
_____________________ Footnote:
1 One month after appellant's accident would have been May 21, 1988, which would be almost one month before the two-year statute of limitations expired.
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