DANIEL J COTRONE, Applicant

MARQUETTE UNIVERSITY, Employer

TRAVELERS PROPERTY CAS CO OF AMERICA, Insurer

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.

The findings and order of the administrative law judge are affirmed.

Dated and mailed September 27, 2005
cotroda . wsd : 175 : 1  ND § 3.41

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The applicant asserts in his petition for commission review the administrative law judge erred in dismissing the applicant's claim for work related injuries on April 1, 2003 and August 29, 2003. The applicant asserts the administrative law judge applied the wrong legal standard in this case by requiring the applicant to prove that his cardiac arrhythmias were brought about by unusual stress in the workplace. The applicant contended that the applicant's cardiac arrhythmias was a physical injury and not psychological injury. The applicant states that where as here there was a physical injury, an unusual stress test was not necessary, and no proof about the level of stress was required.

However, the evidence did not establish the applicant suffered a mental/physical injury as a result of work related stress. The evidence indicates the applicant had a long history of heart arrhythmias dating back many years mainly associated with personal stress and anxiety. Dr. Co, the applicant's treating physician, stated in a letter dated September 18, 2003 the applicant had been his patient for many years with a history of hypertension, cardiac arrhythmias, osteoarthritis and lumbar degenerative disc disease. Dr. Co stated in a letter dated September 3, 2003 that since April 2003, and increasing in June of 2003, the applicant has long bouts of ventricular beats and couplets which appear to be triggered by emotional distress, especially related to work. However, Dr. Co admitted in his testimony at the hearing that all the testing that has been done on the applicant has not identified any organic cardiac or cardiovascular disease.

Dr. Co testified that the applicant's arrhythmia in and of itself is not a disease process, but is merely a symptom of his anxiety. Dr. Co stated that the applicant's arrhythmias are just a symptom of the stress that he is undergoing, and not evidence of some organic disease. Dr. Zwicke who examined the applicant on behalf of the employer diagnosed the applicant with palpitations secondary to benign premature ventricular contractions. Based on the medical evidence in the record the commission does not find that the applicant has suffered a physical injury as a result of his stress at work. The administrative law judge appropriately noted that the applicant must establish his stress related problems were brought on by unusual stress at the workplace. The applicant's arrhythmia and other problems were merely symptoms of the stress he was under, and not a physical injury.

Further, the evidence does not establish the applicant was subject to unusual stress in the workplace. The applicant testified that he was under extreme stress due to his work environment having to deal with subordinates who had filed complaints against him. The administrative law judge appropriately noted that under the University procedures, the employees complaints were voiced to the applicant, but there were no sanctions against the applicant and his job was not in jeopardy, and his pay and benefits remained the same. Dr. Lynch, who also examined the applicant on behalf of the employer, noted that the cause of the applicant's work stress was completion of the subordinates annual performance evaluations. Dr. Lynch stated conducting performance evaluations is a responsibility that is not beyond the day-to-day stress of persons functioning in the supervisory role, and therefore the applicant's stress related to his supervisory duties with the employer was not beyond the day-to-day stress which anyone in that position may endure. Dr. Lynch noted that the applicant's medical records reveal that his palpitations had been ongoing and a recurrent problem, not isolated to a 1977 incident nor precipitated by work. Dr. Lynch diagnosed the applicant with recurrent anxiety and recurrent depression and he noted the applicant had a longstanding history of cardiac arrhythmia both before and after stressful incidents with the employer. The administrative law judge credited Dr. Lynch's assessment. Based upon an independent review of the evidence in the record the commission has found nothing to warrant overturning the administrative law judge's credibility determination. The evidence indicates that the applicant's cardiac arrhythmias are a longstanding problem which are aggravated by stress, and it was not established that the applicant was subjected to stress in the workplace greater than that experienced by other employees in similar positions.

cc:
Attorney Victor E. Plantinga
Attorney John A. Griner

[ Search Decisions ] - [ WC Legal Resources ] - [ LIRC Home Page ]

uploaded 2005/10/04