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Doe v. S.C. Department of Disabilities and Special Needs4/18/2005
Heard March 9, 2005
REVERSED
The South Carolina Department of Disabilities and Special Needs (Department) and the State Accident Fund appeal the decision of the circuit court reversing the findings of the Appellate Panel of the South Carolina Workers' Compensation Commission (Full Commission) and awarding benefits to Jane Doe (Claimant) based on her mental injuries. We reverse.
FACTS
Claimant worked for the Department as a licensed practical nurse (LPN) for approximately eighteen years. She cared for individuals suffering from extreme mental retardation and cognitive disabilities such that they require institutional care. As an LPN, Claimant was responsible for the daily medical care of the patients in her unit.
In early 1997, the Department moved the individuals under Claimant's care into group homes because they were "higher functioning." As a result, patients who required more medical attention were moved into the unit where Claimant worked. Some of the new patients were more aggressive than Claimant's prior patients.
Claimant was injured in June of 1997 when a patient kicked her in the abdomen. She sought medical attention and was prescribed anti-inflammatory and pain medication. When she returned to her doctor, Dr. Paschal, for her recheck in August 1997, she complained about being depressed and having "a lot of crying spells." She was diagnosed with depression and prescribed Prozac. She returned to Dr. Paschal several times for her depression and was prescribed Serzone. Beginning August 17, 1997, Claimant took a leave of absence from the Department as a result of her stress.
Claimant returned to work full-time in February 1998. Shortly thereafter, a patient pushed a cart into her, causing Claimant to sprain her left arm and knee. She was placed in a sling and knee immobilizer and given an anti-inflammatory and pain medication.
Claimant continued to see her doctors regarding her depression. Each time, she related her depression to the stress and environment at work. In August 1998, she accepted termination under a workforce reduction program.
After leaving the Department, Claimant continued to have severe depression, eating disorders, and other mental problems requiring both outpatient treatment and hospitalization. Throughout her treatment, Claimant complained of being depressed, not being able to sleep, and other psychological problems.
Claimant filed a Form 50, seeking workers' compensation benefits for the two physical injuries she sustained in June 1997 and February 1998. Additionally, she sought benefits for mental injury. Specifically, she alleged: "The unusual and extraordinary work conditions and/or the two physical injuries caused the Claimant to suffer disabling mental injury." The two physical injuries were admitted by the Department, and Claimant was paid seventy-eight dollars for her expenses. The Department denied the mental injury claims.
At the hearing, Claimant presented evidence of the change in the work environment at the Department beginning in the spring of 1997. She discussed her increased responsibilities and her increased exposure to aggressive patients. Testimony by other employees of the Department confirmed the work conditions.
Claimant indicated the physical injuries for which she sought compensation were but some of the physical assaults which occurred while working for the Department after the change in patients. Among other things, she testified she had feces smeared in her face by a patient. Claimant testified she was stressed and was very afraid of receiving further physical injuries. Testimony indicated that sh
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