State v. Cephas

• Decision Date: 14 September 1993
• Citation: 637 A.2d 20
• Parties: The STATE of Delaware, Employer-Below, Appellant, v. Aubrey CEPHAS, Employee-Below, Appellee. . Submitted:
• Court: Supreme Court of Delaware

Page 20

637 A.2d 20

The STATE of Delaware, Employer-Below, Appellant, v. Aubrey CEPHAS, Employee-Below, Appellee.

Supreme Court of Delaware.

Submitted: Sept. 14, 1993.

Decided: Jan. 20, 1994.

Upon appeal from the Superior Court. AFFIRMED.

B. Wilson Redfearn (argued), and Bernadette M. Plaza, of Tybout, Redfearn & Pell, Wilmington, for appellant.

Philip E. Herrmann (argued), of Ament Lynch & Carr, Wilmington, for appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH, and HOLLAND, JJ., constituting the Court en banc.

VEASEY, Chief Justice:

In this appeal, we address for the first time whether a mental disorder substantially caused by the gradual and cumulative stress of employment is compensable under the Delaware Workmen's Compensation Act, 19 Del.C. § 2301 et seq. (the "Act"). The State appeals from the decision of the Superior Court affirming the conclusions of the Industrial Accident Board ("IAB"), which awarded benefits to appellee Aubrey Cephas ("Cephas" or "the claimant") to compensate him for the disabling effects of severe headaches and other symptoms, both physical and mental, resulting from the stress of his employment.

We hold that a mental injury is compensable even if (1) there was no prior physical trauma, (2) the injury was the result of gradual stimuli rather than a sudden shock, and (3) the job-related stress causing the injury was not unusual. Nevertheless, an employee seeking compensation for a mental injury must establish by objective proof that his or her working conditions were stressful and were a substantial cause of the disabling injury. Because the circumstances of this case satisfy these standards, we AFFIRM the decision of the Superior Court upholding the findings and conclusions of the IAB.

I. FACTS

Cephas has been employed by the Delaware Correctional Center ("DCC") as a staff lieutenant since 1977. His primary duty at DCC was to handle the classifications and grievances for approximately 375 inmates. As a result, he was responsible for an average of 30 complaints per week and for determining the movement of inmates into different security units. Cephas also made parole recommendations and had the responsibilities of a duty officer who supervised 30 to 60 correctional officers on any given shift. He testified that although the duty officers rotated, he usually had to cover for missing duty officers because he was single and the other officers had families.

In 1989 the responsibilities assigned to Cephas increased when he assumed the duties of another staff lieutenant at the prison. The additional responsibility increased his caseload from 375 inmates to approximately 1100 inmates and resulted in 16 hours of overtime per week. Major Barry Hawlk of the DCC testified that a staff lieutenant is normally responsible for only 375 inmates, but that covering for other staff lieutenants was not out of the ordinary and would result in increased duties such as those experienced by Cephas.

Shortly after the increase in his responsibilities, Cephas began to experience severe headaches, flashes of light in his eyes, blackouts nausea, vomiting, and hives. ¹ He attributes these symptoms, in part, to the tension he was under because of his increased workload. ² Cephas testified that the headaches would be milder and the other symptoms would subside when he was at home. Despite the symptoms, Cephas did not seek medical attention until after an incident that occurred on February 9, 1990. On that day, Cephas experienced severe pain in his right side while driving home from the prison and eventually blacked out. He ultimately lost control of his vehicle and veered approximately 25 feet off the road into a marsh. Following the accident, Cephas consulted his family physician who performed a CAT scan of his brain. The test appears to have been inconclusive because Cephas was referred to Dr. Robert J. Varipapa ("Varipapa"), a neurologist, for an MRI scan.

Varipapa first examined Cephas on April 6, 1990. The doctor conducted an MRI scan, a neurological exam, and a vascular study. The MRI scan revealed that Cephas had several blood vessels that curve more than usual. No abnormalities were discovered by the vascular study. These and other observations led Varipapa to conclude initially that Cephas was suffering from chronic headaches of unknown etiology. Varipapa next examined Cephas on April 17, 1990. During the second examination, Cephas informed the neurologist that his headaches occurred at work. On the basis of these office visits, Varipapa concluded that his headaches were substantially related to his stress at work.

Cephas next contacted Varipapa on May 4, 1990, because Cephas was unable to go to work due to his headaches. Varipapa gave Cephas a letter suggesting that he take time off from work (specifically July 1 until July 30, 1990). Varipapa did not see Cephas again until July 3, 1990. Cephas complained of cloudy and out-of-focus vision, but stated that his headaches were better. Cephas also informed Varipapa that the leave he had prescribed had been denied by the employer. Varipapa ultimately diagnosed his condition as classic migraine headaches and referred him to an ophthalmologist. At the IAB hearing, Varipapa testified that such headaches can be brought on by stress, and that stress from work was a substantial cause of the claimant's condition. Varipapa could not state with "reasonable medical probability" that the stress experienced by Cephas disabled him from working between July 1 and August 15, 1990.

Cephas filed with the IAB a Petition to Determine Compensation Due. Cephas alleged that the cumulative detrimental effect of stress from his employment rendered him unable to work from July 1 to August 15, 1990. Following a hearing, the IAB concluded that Cephas could not work from July 1 to August 15, 1990, because of his severe headaches, flashes of light in his eyes, blackouts, and hives, and that these symptoms were substantially caused by work-related stress. Cephas was awarded medical expenses and total disability benefits for that six-week period.

The Superior Court issued an opinion and order affirming the IAB's decision. This is an appeal by the State from the Superior Court's order. The State seeks a reversal of the decision of the Superior Court on the ground that the IAB's decision is not supported by substantial evidence. The State also contends that this Court should establish the principle that mental injuries should not be compensated unless they are caused by abnormal working conditions or working conditions which would have affected an average worker. In our view, the State's contention is not consistent with the language of the Act, and we affirm the order of the Superior Court.

II. SCOPE AND STANDARD OF REVIEW

In reviewing the legal standards used by the Superior Court, this Court must determine whether the lower court erred as a matter of law in formulating or applying legal precepts. Such questions of law are reviewed de novo. Grand Ventures, Inc. v. Whaley, Del.Supr., 632 A.2d 63, 66 (1993). In order to decide the issues raised on appeal, we must interpret the Act. "In the construction of a statute, this Court has established as its standard the search for legislative intent. Where the intent of the legislature is clearly reflected by unambiguous language in the statute, the language itself controls." Spielberg v. State, Del.Supr., 558 A.2d 291, 293 (1989) (citation omitted).

With respect to the conclusions of the IAB, the standard and scope of review on appeal "is to determine whether or not there is substantial evidence to support the findings of the [Industrial Accident] Board." DiSabatino Bros., Inc. v. Wortman, Del.Supr., 453 A.2d 102, 105 (1982). See also 29 Del.C. § 10142(d). "Substantial evidence has been defined to mean, 'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.' " Olney v. Cooch, Del.Supr., 425 A.2d 610, 614 (1981) (quoting Consolo v. Fed. Maritime Comm'n, 383 U.S. 607, 620, 86 S.Ct. 1018, 1026, 16 L.Ed.2d 131 (1966)). This Court "will not substitute its judgment for that of an administrative body where there is substantial evidence to support the decision and subordinate findings of the agency." Olney, 425 A.2d at 613. Moreover, we must take "due account of the experience and specialized competence" of the IAB and the purposes of the Act. 29 Del.C. § 10142(d).

III. COVERAGE OF MENTAL INJURIES UNDER THE ACT

The central issues raised in this case are (1) whether mental injuries that are not caused by physical trauma are compensable under the Act, and (2) what standards should be applied in such cases. This Court has previously recognized the compensability of psychological and neurological disorders when they are the result of an industrial accident. E.g., Rice's Bakery v. Adkins, Del.Supr., 269 A.2d 215, 216-17 (1970) ("The law seems settled that, provided a sufficient causal connection is proved by competent evidence between an industrial accident and a resulting psychological or neurotic disorder resulting therefrom, such disability is compensable under Workmen's Compensation Law."). Nevertheless, this Court has not previously addressed the issue of whether a mental injury is compensable when it is not preceded by a physical injury in the workplace.

We begin our analysis of these questions by considering the purposes and language of the Act. This Court has recognized on numerous occasions that the two primary purposes of the statute are "to provide a scheme for assured compensation for work-related injuries without regard to fault and to relieve employers and employees of the expenses and uncertainties of civil litigation." Kofron v. Amoco Chem. Corp., Del.Supr., 441 A.2d 226, 231 (1982). See also Frank C. Sparks Co. v. Huber Baking Co., Del.Supr., 96 A.2d 456, 461 (1953) ("The philosophy of the Workmen's Compensation Law is to give an injured employee, irrespective of the merits...