BRUCE W GROSZ (DEC'D), Applicant

CITY OF WEST BEND, Employer

WAUSAU BUSINESS INSURANCE CO, 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. The application for death benefits is dismissed.

Dated and mailed February 28, 2006
groszbr2 . wsd : 185 : 8  ND § 3.36

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The commission agrees with the administrative law judge that Bruce Grosz' tragic suicide was unexplained. The scheduled surgery for a medial meniscus tear was minor surgery. Mrs. Grosz recounted the fact that she and her husband met with Dr. Heinrich three days prior to the suicide, and Dr. Heinrich fully answered all Mr. Grosz' questions regarding the surgery, and reassured him that everything should go well. Mrs. Grosz noted that her husband seemed satisfied with Dr. Heinrich's explanations, and had all his concerns answered. Mr. Grosz himself requested that he be placed on light duty during the few days prior to his surgery, even though he was not experiencing substantial pain in his knee. Together with his friend and supervisor, David Bruesch, he attended a classroom training session involving sedentary duty the morning of the day he committed suicide, and Bruesch noted nothing unusual about his demeanor that morning. The credible inference is that there were suicidal thoughts going through Mr. Grosz' mind that cannot be explained by reference to the scheduled meniscal knee surgery.

Mr. Grosz was only four or five years away from retirement as a firefighter, and had plans to start a small business making horse harnesses. While he certainly enjoyed being a firefighter, he knew that he was approaching the end of that career regardless of the outcome of his knee surgery. He had a strong family life and other interests to facilitate his transition into retirement from that occupation. In fact, he and his wife had spent time the weekend before his suicide planning an upcoming vacation trip to Italy. It would not be unexpected for a conscientious individual such as Mr. Grosz to express nervous concern over the results of his upcoming knee surgery, but given the evidence presented, it would be speculative to infer a chain of causation from that concern to the drastic act of suicide.

JAMES T. FLYNN, CHAIRMAN (dissenting):

Bruce Grosz was well adjusted in both his work life and his family life. He and his wife had no financial problems, and their two children were also both well adjusted and doing well in school. He enjoyed being a firefighter, was a conscientious professional, and valued the camaraderie he shared with his fellow firefighters. In short, the evidence revealed no reason to suspect that this individual would contemplate suicide, until he injured his knee in the work-related incident of November 30, 2003. Thereafter, he expressed excessive concern to his friend and immediate supervisor, Daniel Bruesch, as well as to his wife, over the possibility that after knee surgery he might not be able to return to his full duties as a firefighter. Even the psychiatrist who reviewed the medical records at respondents' request, Dr. Feinsilver, acknowledged that the applicant had expressed "excessive anxiety" over the upcoming knee surgery. The psychologist who offered an opinion on Mrs. Grosz' behalf, Calvin Langmade, noted that Mrs. Grosz described her husband as a perfectionist who "panicked" at times when he thought he might not be able to function as a regular firefighter after the surgery.

While Mr. Grosz' excessive anxiety over his knee surgery may not have been reasonable, the credible evidence convinces me that this anxiety was entirely real to him, and that there was a direct chain of causation leading from the work injury to his suicide. Therefore, I respectfully dissent from the majority. I would find that Mr. Grosz' suicide was a compensable result of his work injury.

/s/ James T. Flynn, Chairman

cc:
Lynn Ann J. Grosz
Attorney Daniel R. Schoshinski
Attorney Peter L. Topczewski
Attorney Jennifer Lattis

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