W.C. No. 4-271-352Industrial Claim Appeals Office.
November 12, 1996
The respondents seek review of a final order of Administrative Law Judge Wells (ALJ) which found that the claimant sustained compensable “mental impairment” within the meaning of § 8-41-301(2), C.R.S. (1996 Cum. Supp.). We set aside the order, and remand the matter to the ALJ for additional findings.
The claimant was the chief administrator for the Family Inn of Colorado Springs (Family Inn), a non-profit corporation providing services to the homeless and needy. On July 25, 1995, the claimant was hospitalized due to fatigue, stress and depression with suicidal ideation.
The ALJ found the claimant’s hospitalization was the result of the excessive demands of the claimant’s employment. In support of his determination, the ALJ found that the claim was supported by a licensed physician, Dr. Herriott, and a psychologist, Dr. Holsenbeck. Specifically, the ALJ found that in a report dated July 27, 1995, Dr. Herriott stated that the claimant’s hospitalization resulted from depression brought on by working 12 -14 hours per day. Concerning Dr. Holsenbeck, the ALJ found that in his opinion the claimant suffered “significant stress as a result of his employment at the Family Inn.” The ALJ further found that Dr. Herriott and Dr. Holenbeck were both of the opinion that the claimant suffered a mental impairment as a result of his employment at the Family Inn. The ALJ added that “the psychologically traumatic event was outside of the workers’ usual experience and would be expected to invoke significant symptoms of distress in any worker.” Therefore, the ALJ determined that the claimant suffered compensable mental impairment.
On review the respondents contend, inter alia, that the record does not support the ALJ’s finding that the claim is supported by the opinions of a licensed physician and a licensed psychologist. We conclude that the ALJ’s findings of fact are insufficient to permit appellate review, and therefore, we remand the matter for additional findings. Section 8-43- 301(8), C.R.S. (1996 Cum. Supp.).
Insofar as pertinent, § 8-41-301(2)(a), C.R.S. (1996 Supp. Cum.) provides that:
“A claim of mental impairment must be proven by evidence supported by the testimony of a licensed physician or psychologist. For purposes of this subsection (2), “mental impairment” means a disability arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically traumatic event that is generally outside of a worker’s usual experience and would evoke significant symptoms of distress in a worker in similar circumstances.”
In a series of cases, we have held that § 8-41-301(2)(a) requires the claimant to present evidence supported by the opinion of a “licensed physician or psychologist” to support a claim for mental impairment as defined in that subsection Martinez v. Department of Corrections, W.C. No. 4-202-359, July 2, 1996; Stephens v. Carlin Dodge, W.C. No. 4-145-330, May 18, 1995, aff’d., Stephens v. Carlin Dodge (Colo.App. No. 96CA0273, August 15, 1996) (not selected for publication). Accordingly, we concluded that the medical opinion relied upon by the claimant, mus support a finding that the claimant experienced a “psychologically traumatic event that is generally outside of a worker’s usual experience and would evoke significant symptoms of distress in a worker in similar circumstances.” We adhere to our prior conclusions.
Moreover, in determining whether the claimant sustained his burden to prove the requirements of § 8-41-301(2)(a), the ALJ must apply an objective standard based upon the “reasonable worker.” Gaudett v. Stationers Distributing Company, W.C. No. 4-135-027, April 5, 1993. This is true because the purpose of § 8-41-301(2)(a) is to weed out frivolous claims predicated on alleged idiosyncratic responses to a non-stressful, or mildly stressful occurrence which would not produce significant distress in a reasonable worker. See Tomsha v. City of Colorado Springs, 856 P.2d 13
(Colo.App. 1992).
Here, the ALJ’s findings are insufficient to determine whether he found that the opinions of either Dr. Holsenbeck or Dr. Herriott support his finding that the claimant experienced a “psychologically traumatic event that is generally outside of a worker’s usual experience, and would evoke significant symptoms of distress” in a reasonable worker under “similar circumstances.” Under these circumstances, the ALJ’s findings are insufficient to determine whether he erred in finding that the claim was supported by the opinion of a licensed physician or psychologist.
On remand, the ALJ must make specific findings of fact concerning concerning whether the claimant presented evidence supported by the opinion of a licensed physician or psychologist that he sustained “mental impairment” as defined in subsection 8-41-301(2)(a), and shall indicate the evidence he found determinative of this issue. Based upon his resolution of this issue, the ALJ shall enter a new order concerning the compensability of the claimant’s disability.
In view of our remand, it is premature to address the respondents’ remaining arguments. Therefore, we have not considered the respondents’ contention that the injury was the result of a disciplinary action, and that the primary cause of the claimant’s mental impairment was not the employment.
IT IS THEREFORE ORDERED that the ALJ’s order dated June 10, 1996, is set aside and the matter is remanded for additional findings and the entry of a new order consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed November 12, 1996
to the following parties:
Samuel G. Brown, 1330 Marshall, Kinsley, KS 67547
Family Inn of Colorado Springs, P.O. Box 10308, Colorado Springs, CO 80932-1308 % Colorado Compensation Insurance Authority, Attn: Laurie A. Schoder, Esq. (Interagency Mail)
William A. Alexander, Jr., Esq., 3608 Galley Rd., Colorado Springs, CO 80909 (For the Claimant)
David L. Smith, Esq., 1700 Broadway, Ste. 1700, Denver, CO 80290-1701 (For the Respondents)
BY: _______________________