Breeden v. Workmen's Compensation Com'r, 15130

• Decision Date: 17 December 1981
• Docket Number: No. 15130,15130
• Citation: 168 W.Va. 573,285 S.E.2d 398
• Court: West Virginia Supreme Court
• Parties: Brenda C. BREEDEN v. WORKMEN'S COMPENSATION COMMISSIONER and Grand Union of Martinsburg, Inc.

Page 398

285 S.E.2d 398

168 W.Va. 573

Brenda C. BREEDEN v. WORKMEN'S COMPENSATION COMMISSIONER and Grand Union of Martinsburg, Inc.

No. 15130.

Supreme Court of Appeals of West Virginia.

Dec. 17, 1981.

Syllabus by the Court

1. "In order for a claim to be held compensable under the Workmen's Compensation Act, three elements must coexist: (1) a personal injury (2) received in the course of employment and (3) resulting from that employment." Syllabus Point 1, Barnett v. State Workmen's Compensation Com'r, 153 W.Va. 796, 172 S.E.2d 698 (1970).

2. An employee who sustains mental or emotional injury which occurs as a result of continuous and intentional harassment and humiliation from her supervisor extending over a period of time has suffered a personal injury as required by W.Va.Code § 23-4-1 (1981 Replacement Vol.).

Askin & Burke and D. Michael Burke, Martinsburg, for appellant.

Rice, Hannis & Douglas and Lacy I. Rice, Jr., Martinsburg, for appellee.

Frank W. Helvey, Jr., Legal Division, State Workmen's Compensation Com'r, Charleston, for SWCC.

McGRAW, Justice:

This important appeal by Brenda C. Breeden, a workmen's compensation claimant, presents the question of whether a physical or mental disability which results from stress in the work place is compensable as a disability under the workmen's compensation law of this state. After examining the question, we conclude that this type of disability is compensable under the West Virginia laws.

Brenda C. Breeden began working as a part-time cashier for the Grand Union Company at its Martinsburg, West Virginia store in May of 1970. On January 12, 1976, she filed an application for workmen's compensation benefits, alleging that she was disabled in the course of and resulting from her employment with Grand Union. Specifically, she claimed that for a period of time beginning six months after her employment, she was exposed to continuous and intentional harassment and humiliation from her immediate supervisor, causing her to suffer severe mental and emotional problems.

Her claim was ruled compensable on April 23, 1976, and the employer appealed. A hearing was held on September 14, 1977, at which Mrs. Breeden testified that on several occasions her immediate supervisor cursed, grabbed, and harassed her while she was performing her duties as an employee at that store.

Mrs. Breeden stated that her supervisor had grabbed her posterior while she was working, called her "ignorant," "stupid," a "dumb ass," a "bitch," and constantly castigated her while she was attempting to work. In short, she stated that he directed towards her a continuous course of abuse, largely verbal, but also physical.

A customer at Grand Union, testified on behalf of Mrs. Breeden and stated that she had overheard and observed the supervisor publicly criticize and belittle Mrs. Breeden while she was attending to her duties as a cashier at Grand Union.

The supervisor denied ever having grabbed, cursed, belittled or publicly criticized Mrs. Breeden. However, a union representative testified that he had received a number of complaints similar to those of Mrs. Breeden, in which the supervisor had abused and belittled his employees.

During this period of employment and prior to her employment at Grand Union Mrs. Breeden was suffering some marital difficulties, but she stated that her marital problems were largely the result of problems she had encountered while working under her supervisor. She admitted that she had received similar treatment from her husband, and that he had, in addition, beaten her. However, she said that she had had no difficulties with her job until her supervisor took charge.

In response to this testimony, a prior supervisor testified on behalf of the employer that during the period of time that he was manager of the store in which Mrs. Breeden worked, she was nervous and unable to work at times due to her problems at home.

A psychiatrist testified that he had been treating Mrs. Breeden since 1974, and that she was suffering from "depressive neurosis." He described its symptoms as difficulty in sleeping, confusion, headaches, gastrointestinal difficulties, anxiety, depression and indecision. He further stated that Mrs. Breeden's disability was work-related; that she was under a great deal of pressure and strain at work; and that, although her marital difficulties and employment problems were mutually aggravating, in his opinion it was because of her job pressure that she was unable to work.

Another psychiatrist treated Mrs. Breeden for two weeks in March and April of 1976 at the Winchester Memorial Hospital, where she indicated to emergency room personnel that she had attempted suicide. In his opinion, Mrs. Breeden did not suffer from a depressive illness, but she was, at the time of his examination, "simply depressed about her depressing circumstances." Based upon his analysis, he said Mrs. Breeden had a low tolerance for stress, and seemed to have difficulty making comfortable relationships with other people, but that her predominate social conflict was within her marriage.

Nineteen witnesses testified, and over 700 pages of testimony were taken...