CP# 2007-12153 (2010). J.T. petitioner vs. DECISION UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2010. CP# 2007-12153 (2010). J.T. petitioner vs. DECISION UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY Respondent CP# 2007-12153 J.T. petitioner vs. DECISION UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT DIVISION OF WORKERS' COMPENSATION ESSEX COUNTY DISTRICT 124 Halsey Street, 2nd Floor Newark, New Jersey 07101 Telephone: 973-648-2316; Fax 973-648-7780Claim Petition No. 2007-12153 J.T. petitioner vs. DECISION UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY Respondent BEFORE: HONORABLE SUE PAI YANG Judge of CompensationAppearances: THE BLANCO LAW FIRM, LLC BY: PABLO N. BLANCO, ESQ. 105 Grove Street, Suite 11 Montclair, New Jersey 07042 Attorney for PetitionerPAULA T. DOW,ATTORNEYGENERALOF NEW JERSEY BY: KATHLEEN J. O'BRIEN, DEPUTY ATTORNEY GENERAL Department of Law and Public Safety Division of Law, P.O. Box 620 Trenton, New Jersey 08625-0620 Attorney for RespondentISSUES J.T.,a former security officer at the University of Medicine and Dentistry of New Jersey (UMDNJ), filed an amended Claim Petition, No. 2007-12153, for "occupational exposure to stressful work situations and harassment from supervisor." As a result, she alleges permanent psychiatric disability. The respondent denied compensability. The main issue before the court is the causal relationship of any permanent disability. The only stipulations made were that petitioner was employed by respondent, and was earning a wage of $624.00 per week, which would give rise to a temporary rate of $436.80 per week, and a permanent rate beginning at $190.00. Respondent left the petitioner to her proofs on all other issues, such as any medical or temporary disability benefits due. The post trial letter brief by petitioner's attorney stated that petitioner received State Temporary Disability Benefits from 4/19/07 to 10/22/07 in the amount of $429.00 per week for a total of $10,720.00. This trial consisted of testimony by petitioner and her two supervisors, Officer P.F.and Officer G.F. By consent of both parties, their evaluating doctors' reports were entered into evidence in lieu of testimony. I reviewed a four and one-half page report by Dr. Cheryl Wong, M.D., neuropsychiatrist for petitioner and a nine-page report by Dr. Michael Laikin, M.D., neuropsychiatrist for respondent. Post-trial briefs were submitted by both parties. Petitioner's attorney submitted a 10-page letter brief with numerous legal citations setting forth his argument that petitioner suffered a compensable psychiatric disability. However, Petitioner failed to prove the two most important elements of an occupational psychiatric disability; namely, that the working condition was objectively stressful and that it was peculiar to the particular work place. Respondent's four-page letter brief argued that merited criticism is not compensable and furthermore, petitioner failed to prove permanent disability. I find for respondent for the above and several other reasons as follows. ANALYSIS OF EVIDENCE J.T.was employed by the University of Medicine and Dentistry of New Jersey (UMDNJ) for five and one-half years beginning in October 2002. She testified that she first left UMDNJ in April of 2005 to attend the Newark Police Academy. Dr. Laikin's report indicated that petitioner said she developed migraines in the academy and dropped out. Later it was discovered to be due to a pinched nerve in her shoulder. Two weeks after leaving UMDNJ, she returned to work for UMDNJ in May 2005. Her last day of employment with UMDNJ was April 17, 2007. At the time of her testimony on June 3, 2010, petitioner stated for the record that she is 32 years old, 5' 2" tall and weighed 183 pounds. Petitioner testified that her duties as a security officer was to man her post, check for IDs, sign people in who are visiting or going to the clinical areas and check for suspicious individuals in and around the property. Petitioner testified that her problems began after she returned from the Newark Police Academy in May of 2005 and ended two years later when she left her job. She testified that Sgt. G.F. told her she would not have gotten her job back had their old director not left. She testified that she was making almost $15.00 per hour when she left to attend the Academy. When she returned, she accepted a reduced salary of $14.00 per hour. Upon return to...