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BETTY L. HISH v. WORKMEN'S COMPENSATION APPEAL BOARD (MAYVIEW STATE HOSPITAL) (08/18/86)

decided: August 18, 1986.

BETTY L. HISH, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MAYVIEW STATE HOSPITAL), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Betty L. Hish v. Mayview State Hospital, No. A-84942, dated January 19, 1984.

COUNSEL

Douglas W. Reed, Berger and Reed, for petitioner.

Paul J. Dufallo, Assistant Chief Counsel, with him, Catherine A. Blue, for respondents.

Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 100 Pa. Commw. Page 23]

This is an appeal by claimant, Betty L. Hish, of an order of the Workmen's Compensation Appeal Board affirming a referee's decision to dismiss her claim petition on the basis that she failed to prove that her mental illness was work-related.*fn1

Claimant was employed as a psychiatric nurse at Mayview State Hospital from 1969 until July 10, 1979, when she was discharged. She took a medical leave of absence from December 27, 1978, until April 1, 1979, for treatment of psychiatric problems.*fn2 Claimant filed a

[ 100 Pa. Commw. Page 24]

    claim petition on March 3, 1980, claiming that she suffered a borderline psychiatric disorder as a result of her negative experiences with her supervisor, thus entitling her to workmen's compensation benefits for a work-related, stress-induced psychological injury which occurred from July 10, 1979 to an undetermined time in late fall or winter (of 1981).*fn3 Claimant worked under this supervisor from 1975 until the date of her discharge.

The referee made the following relevant factual findings:

8. The claimant had had problems relating to her work performance since 1975. These included, inter alia, excessive absenteeism, failure to report a serious physiological change in a patient who later died, poor supervisory skills, incomplete documentation of medication, leaving a medication area unlocked, charting bizarre information in clinical records, leaving a patient unattended in a locked ward, administering medication without a doctor's order, failing to note an injection to a patient, and failing to notify the physician of a drastic change in the condition of a diabetic patient. These errors led to her dismissal on July 10, 1979.

9. The claimant's supervisor and union representative testified regarding problems with her professional performance and the coordinator's handling of these problems. They stated that the claimant was afforded special treatment in that she was given more ...


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