Psychic Injuries Are Compensable, Rules GA Court
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The Georgia Court of Appeals recently affirmed well-settled law when it held that a school bus driver was entitled to workers' compensation benefits for depression, anxiety, and an adjustment disorder, all of which she developed after suffering an asthma attack in the course of her employment with the DeKalb County Board of Education. In so ruling, the Court rejected the school board's contention that the bus driver, Tracy Singleton, suffered from only mild depression and anxiety.
Georgia case law provides a two-part test for determining whether a psychological injury is compensable: first, the psychological injury must arise out of an accident in which a compensable physical injury was sustained; and second, while the physical injury need not be the precipitating cause of the psychological condition or problems, at a minimum the physical injury must contribute to the continuation of the psychological trauma.
Several physicians concluded that Singleton's asthma attack was caused or aggravated by exposure to fire extinguisher residue and fumes from cleaning products on her school bus. In addition, a psychologist diagnosed her with an "adjustment disorder with depression" and concluded that she "has too much anxiety about driving the bus to be placed in that position, as it may not be safe because it could be unpredictable for her to do so.”
Concerned that she might jeopardize her and her passengers' safety, Singleton refused to return to work for the School Board as a bus driver; however, she was willing to return to work if an indoor job was offered. The School Board never offered her an indoor job and, eventually, terminated her for "job abandonment."
After an evidentiary hearing, an administrative law judge found that Singleton sustained a compensable inhalation injury that aggravated her pre-existing asthma (a physical injury), and that her depression, anxiety, and adjustment disorder were compensable under the two-part test outlined above. Specifically, he concluded,
not only has the asthma attack contributed to the continuation of the psychic trauma, but the asthma attack precipitated the psychic trauma. As detailed by Dr. Kelly, [Singleton's] difficulty in adjusting to the job accident has resulted in symptoms of depression and anxiety. [She] has a deep-seated fear that if she returns to unrestricted work as a bus driver, she could experience another attack while transporting children that could result in serious injuries to the children or her.
The Appellate Division of the State Board of Workers' Compensation and the superior court affirmed the decision. The School Board then filed a discretionary appeal with the Court of Appeals; however, applying the "any evidence" rule, the Court affirmed the decision after finding that there was evidence that Singleton's psychological injuries were not "mild" and originated with and continued as a result of her work-related asthma attack.
