Powell v. Vulcan Materials Co.
| Decision Date | 08 December 1988 |
| Docket Number | No. 23081,23081 |
| Citation | 384 S.E.2d 725,299 S.C. 325 |
| Court | South Carolina Supreme Court |
| Parties | Cleo N. POWELL, Respondent, v. VULCAN MATERIALS COMPANY, Appellant. . Heard |
Reginald L. Foster and Perry D. Boulier, both of Holcombe, Bomar, Wynne and Gunn, Spartanburg, for appellant.
G. Edward Welmaker, of Acker, Acker, Floyd and Welmaker, Pickens, for respondent.
This is a workers' compensation case. The single commissioner ruled that Respondent Cleo N. Powell ("Powell") suffered a totally disabling and compensable "mental, emotional, and psychological injury" as a result of an altercation with a supervisor. The full Commission affirmed, as did the circuit court on review. The employer, Vulcan Materials Company ("Vulcan"), now appeals. We affirm.
On March 21, 1984, Powell was a 48-year-old foreman at Vulcan's quarry. He was responsible for overseeing the production of various sizes and grades of rocks. Shortly after arriving at work that morning, Powell learned that a piece of production equipment had failed and needed repair. He also learned that two of his seven subordinates would miss work that day. Powell's "second level supervisor", Parker, further informed him of production modifications involving both the size of rock produced and the channelling of the rock during the production process. Parker then commented that some paddles channelling crushed rock had worn out due to Powell's poor performance of his maintenance duties. This comment brought on a heated altercation between the two men.
The exact nature of the incident is highly contested. Powell claimed Parker pushed a finger into his chest, cursed him, and called him a liar. Parker testified that he never touched Powell and that it was Powell who became upset and cursed. Both Powell's psychiatrist had seen him 134 times by the time of the compensation hearing. He testified that Powell had been "[b]asically ... a very stable person all along until this accident or incident" with his supervisor. The psychiatrist's initial diagnosis was "reactive depression secondary to trauma ..." He stated that "the traumatic event was the trauma that [Powell] experienced while at work and as a direct consequence of his confrontation with the supervisor."
agreed that an intense verbal exchange took place and that Powell "lost control of himself, expressed great anger, and began to cry." Powell left the quarry and drove directly to his family doctor. The doctor ordered immediate hospitalization because Powell was "dangerous to himself because of severe anxiety." The first admission lasted 10 days. Powell was subsequently hospitalized for psychiatric treatment for periods of 61 days, 19 days, and 22 days
The psychiatrist further testified that Powell was psychotically depressed and suffered from "blackouts" and nightmares "as a way of coping with that painful experience." Powell's extensive medical treatment included major and minor tranquilizers, antidepressants, and ultimately a series of electroshock treatments. The psychiatrist testified that, at the time of the hearing, Powell was still "pretty much confined to his home." For example, Powell was unable to walk uptown because "he thinks that he will cross ways with his former supervisor." Finally, the psychiatrist stated that Powell was unable to function in any job and was "a very sick man still."
The hearing commissioner found that Powell suffered an accidental mental injury arising out of and in the course of his employment. He ordered Vulcan to make weekly payments of $268.99 for 500 weeks, to pay medical expenses retroactive to March 21, 1984, and to pay for future lifetime medical care.
The thrust of Vulcan's appeal may be stated as follows: "mental-mental" injuries--mental disorders resulting from emotional stimuli--should not be compensable under South Carolina workers' compensation law; but even if they are, Powell did not suffer a compensable injury.
Recently in Stokes v. First National Bank, 298 S.C. 13, 377 S.E.2d 922 (Ct.App.1988), our Court of Appeals addressed the compensability of a mental injury caused solely by emotional stress. The court ruled in Stokes that "mental or nervous disorders resulting from either physical or emotional stimuli are equally compensable provided the emotional stimuli or stressors are incident to or arise from unusual or extraordinary conditions of employment."...
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...Inc., 523 Pa. 509, 568 A.2d 159 (1990).29 Moreno v. NULCO Mfg. Corp., R.I.Supr., 591 A.2d 788 (1991).30 Powell v. Vulcan Materials Co., 299 S.C. 325, 384 S.E.2d 725 (1989).31 McClelland v. ITT Rayonier, Inc., 65 Wash.App. 386, 828 P.2d 1138 (1992).32 Breeden v. Workmen's Compensation Comm'r......
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Shealy v. Aiken County
...stimuli or stressors are incident to or arise from unusual or extraordinary conditions of employment." Powell v. Vulcan Materials, Co., 299 S.C. 325, 384 S.E.2d 725 (1989). In Powell, this Court held that courts should use the "heart attack standard" to determine when a mental-mental injury......
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...working conditions caused her injury. The Plaintiff's case is much more closely akin to the recent case Powell v. Vulcan Materials Company, 299 S.C. 325, 384 S.E.2d 725 (1989). In that case, the plaintiff was harshly criticized by his supervisor because of the plaintiff's poor performance o......
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