No. 06750492 (1999). EMPLOYEE: Janet Brooks.

• Case Date: December 13, 1999
• Court: Massachusetts

Massachusetts Workers Compensation 1999. No. 06750492 (1999). EMPLOYEE: Janet Brooks COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF INDUSTRIAL ACCIDENTS EMPLOYEE: Janet Brooks EMPLOYER: Rural Housing Improvement, Inc. INSURER: Liberty Mutual Insurance Co.BOARD NO. 06750492REVIEWING BOARD DECISION (Judges Maze-Rothstein, Carroll and Levine)APPEARANCES Sandra J. Jenkins-Bryant, Esq., for the employee on appeal John Trefethen, Esq., for the employee at hearing Richard E. McCue, Esq., for the insurer MAZE-ROTHSTEIN, J. The insurer appeals a decision awarding ongoing compensation benefits for the employee's work-related emotional injury and her temporomandibular joint ("T.M.J.") condition. The insurer contends that the judge erred by: 1) ignoring non-work-related causes of the employee's complaints; 2) awarding benefits when the employee voluntarily resigned from her position with the employer and received unemployment benefits; and 3) awarding benefits for injuries causally related to bona fide personnel actions in direct contravention of G. L. c. 152, § 1(7A). We disagree, and affirm the decision. Janet Brooks graduated from Fitchburg State College with a Bachelors Degree in Business Administration and Marketing in 1990. In November 1990, she commenced her employment with the employer, Rural Housing Improvement, Inc., as a Program Representative. At the time her health was excellent. (Dec. 5-6.) Her duties included: visiting tenants; inspecting apartments; answering and responding to phone calls; negotiating rents; communicating with landlords; updating the computer; recertifying cases and programs; preparing forms; scheduling inspections; dealing with property transfers; payment suspensions; and with repairs and fuel assistance. (Dec. 8-9.) By April 1992, the employee sought medical care for severe jaw and ear pain. She was diagnosed with acute stress syndrome and acute T.M.J. dysfunction caused by her heavy case load, which started at 185 cases and increased over time to 296 cases. The employee took a week off from work, was prescribed medications and received heat and ultrasound treatment. (Dec. 6.) In the fall of 1993, Ms. Brooks' travel decreased from two days to one day per week and her office duties increased. (Dec. 6-7.) In May 1994, the employer changed its procedures and programs, which resulted in an increased case load...