Washington v. Oakland Schools, 122916 MIWC, 2016-87

• Case Date: December 29, 2016
• Court: Michigan

PORTIA F. WASHINGTON XXX-XX-XXXX, Plaintiff, v. OAKLAND SCHOOLS/SELF–INSURED [SCHOOL EMPLOYERS GROUP & CANNON COCHRAN MGMT. SERVICES, INC.], Defendant. No. 2016-87 Michigan Workers Compensation State of Michigan Department of Licensing and Regulatory Affairs Michigan Administrative Hearing System Workers’ Compensation Board of Magistrates December 29, 2016          The social security number and dates of birth have been redacted from this opinion.           Plaintiff: James Edgar, (P36187) & Richard P. Wagner (P53846)           Defendant: Timothy J. Mullins (P28021)           OPINION           David H. Williams, Magistrate (G253) Judge          TRIAL DATE(S):          Trial began on August 12, 2016 continuing September 16^th, 26^th, October 26^th, and November 21, 2016. The record was closed and case submitted for decision on that last hearing date.1          CLAIM:          The plaintiff by way of Application for Mediation or Hearing–Form A, dated June 2, 2014, received by the Agency on June 12, 2014, alleged a November 15, 2013 date of injury (occupational disease/disability and/or last day of work), claiming the following:

Reasonable perception of numerous actual events in the workplace caused and significantly aggravated a disabling psychological condition.

         Timely responsive Pleadings under the date of August 15, 2014 were filed by Defendant and received by the WC Agency on or about August 22, 2014.          STIPULATIONS:          The parties stipulated that on the date of alleged injury the employer and the employee were subject to the Worker's Compensation Disability Act, that defendant was self-insured and that the defendant employed the plaintiff.          Defendant denied that a personal injury arose out of and in the course of plaintiff's employment and also denied that plaintiff's claimed disability, if any, was due to her alleged injury.          Defendant admitted that the employer had notice within the statutory period and to the timeliness of plaintiff's claim.          The plaintiff was not engaged in dual employment on the dates alleged. Plaintiff admitted to receipt of lump sum pension distribution in the amount of $40,000, but did not receive any additional benefits that could serve to reduce weekly compensation benefits under §358 and/or §354 of the Workers' Disability Compensation Act.          The parties stipulated to an average weekly wage of $1,350.00, without fringes. Fringe benefits were eventually agreed upon in the amount of $183.38 per week and which were discontinued effective June 30, 2015. The parties also stipulated a full weekly workers' compensation rate of $787.74 per week. Plaintiff claimed an IRS filing status of single/head of household and two dependents as of the date of injury, all of which were left to proofs.          WITNESSES TESTIFYING AT TRIAL:          Plaintiff: Portia Washington          Defendant: Roland Hill          WITNESSES TESTIFYING BY DEPOSTION:          Plaintiff:          See Exhibits.           Defendant:          See Exhibits.          EXHIBITS:          Plaintiff:          1. Subpoenaed records of Brian J. Bhagat, M.D.          2. Deposition of Diane Regan, MA, CRC, LPC taken on June 17, 2016          3. Deposition of Nikhil K. Vora, M.D. taken on November 5, 2015          4. Deposition of Gerard Williams, Ph.D. taken on May 4, 2016          5. Memo of April 19, 2013 from Roland E. Hill to Portia Washington          6. Memos in follow-up to May 15, 2013 meeting re: Portia Washington          Defendant:          A. Deposition of Elliott Wolf, M.D. taken on January 7, 2016          B. Deposition of John F. O'Leary, Ph.D., ABPP taken on March 22, 2016          C. Deposition of Peter Schneider, MSW taken on June 23, 2016          Joint:          1. Completed WC Agency Form 105A and Job Detail Forms dated 9/11/14          ISSUES:          Whether Plaintiff sustained a mental or psychiatric "personal injury" arising out of and in course of her employment occurring on or about November her last day of work – November 15, 2013?          Whether Plaintiff's claimed emotional/mental/psychiatric-based disability is due to the alleged personal injury?          If Plaintiff is found to have sustained a work-related injury of an emotional/mental/ psychiatric nature, whether same resulted in a compensable disability under Michigan's Workers' Compensation Disability Act ("WDCA") and, if so, whether she is totally or partially disabled as a result?          If Plaintiff is determined to suffer from a work-related emotional/mental/psychiatric disability which is either total or partial in nature, what is the proper rate of compensation, if any, payable to her as a result of same and for what period(s) of time?          LAY TESTIMONY:          Portia F. Washington:          Ms. Washington is a 55 year old female. She testified that she has two (2) grand­children that were declared dependents in 2012. In 2013 she filed her taxes as single, but that as of the claimed last day of work date of injury she no longer these had dependents.          Plaintiff provided detailed testimony relating to her educational background and training, including Bachelor's and Master's degrees, along with further education she was pursuing at the time of the alleged injury. In reference to the Workers' Compensation Agency Form 105A (Work History, Work Qualifications & Training Disclosure Questionnaire, as well as Job Detail Forms #1-6) which was later entered into evidence (Joint Ex. #1) she testified in accordance with same with respect to such information and various positions she held over the years prior to going to work for Defendant Oakland Schools.          Plaintiff indicated that she was hired by the Defendant in October, 2001 and explained how it was she came to know about and apply for the positon. She interviewed with Mr. Hill. She stated that at that time she had no significant health issues or disability. This included absence of any prior mental health problems or treatment. The initial job she did with Oakland Schools was titled "Employment Services Coordinator." It was similar to the most recent position she had held with the employer immediately prior to that, Employment Central Detroit. This involved assisting individuals (referred to as "customers") with searching for work, filling out paperwork, etc. She also was de facto supervisor of four (4) staff known as "Work-Force Development Specialists." She did like duties but also ran reports, reconciled the records and so forth. These went to Mr. Hill who was her direct supervisor at the time. She went on to describe other elements of the job and how these were in part funded by State and Federal grants. She did this for about nine (9) years. Over the course of that time the number of "specialists" decreased such that there were only two (2) left in 2010, others being transferred or absorbed into other programs which the Defendant played a part in administering.          Based upon her prior experience there was no new or additional training which was required of her when she began working for the Defendant. She did, however, obtain further degrees and education during her tenure of employment with Oakland Schools, including her Master's. Such further education and qualifications made her eligible for bonus type payments from the employer, as well as being at least in part paid for by same.          Ms. Washington stated that she did not experience problems at work over the numerous years from being hired, until 2010, during which she would, if necessary, go to supervisor Hill for assistance. She gave numerous examples of "guidance" which would be provided. She added that her relationship with Mr. Hill remains okay at this time.          Plaintiff testified that sometime during or subsequent to 2010 she and a couple of other coordinators (for other programs) were required to take on additional assignments and tasks that the problems began. Ms. Washington stated that at this point, in late 2010, she and other staff had complaints about Mr. Hill. This included the way he spoke with her/them in meetings and hovering over as well as raising his voice. She claimed that Mr. Hill told her that he was sick and tired of her, but...