Bedini v. Frost

Allen, C.J.

Plaintiff Frances Bedini appeals the Department of Labor and Industry Commissioner’s denial of her workers’ compensation claim. We affirm.

Plaintiff was hired by a medical clinic in March 1992 as a medical receptionist/medical assistant. Although she had prior experience as a medical receptionist, she had never worked as a medical assistant. She expressed an interest in a career as a medical assistant, and saw the job as an opportunity for on-the-job training. When she was hired, her employer explained the duties of the job to her.

After a few weeks at the job, plaintiff’s enthusiasm waned, and she began to feel the job was more than she could handle. Her employer, however, never asked her to perform duties beyond those in the job description. In July 1992, plaintiff complained about job-related stress to her physician, who was treating her for a preexisting physical condition. She never informed her employer of this stress.

Plaintiff’s employer became increasingly dissatisfied with her job performance and counseled her several times about her deficiencies. In April 1993, the plaintiff requested an opportunity to meet with her supervisor to discuss her job performance. At this meeting, plaintiff’s supervisor noted various problems with her job performance. Plaintiff left the meeting and did not return to work again. She again visited with her physician, who referred her to a licensed social *169worker for psychological counseling. On April 12, 1993, plaintiff was hospitalized for treatment.

Plaintiff subsequently filed a workers’ compensation claim, which was denied by her employer’s insurer. She then filed for a hearing on the denial before the Commissioner of the Department of Labor and Industry. The Commissioner found that plaintiff was not subjected to unusual working conditions and that her injury resulted from her inability to master her job. The Commissioner denied her claim, and she then filed this appeal.

The only issue on appeal is whether the standard adopted by the Commissioner for mental injury claims is unreasonable and unjust and without legal basis. In this case, the Commissioner concluded that “in order for mental injury caused by stress at work to be compensable, a claimant must show that the stresses at work were of a significantly greater dimension than the daily stresses encountered by all employees.”

Because the Commissioner’s standard derives from her interpretation of the workers’ compensation statute,1 we review the Commissioner’s standard with deference. Absent compelling indication of an error, interpretation of a statute by an administrative body responsible for its execution will be sustained on appeal. In re Duncan, 155 Vt. 402, 408, 584 A.2d 1140, 1144 (1990). We will not upset that interpretation unless it is unjust or unreasonable or leads to absurd consequences. In re Verburg, 159 Vt. 161, 165, 616 A.2d 237, 239 (1992).

The Commissioner’s standard is supported by reasonable policy concerns. In earlier cases, the Commissioner noted that medical authorities agree that the precise etiology of most mental disorders is inexplicable. Because a mental injury could have resulted from such diverse factors as social environment, culture, heredity, age, sex, family relationships, and other interpersonal relationships, as well as employment, a high degree of uncertainty exists in the diagnosis of cause. The unusual-stress standard also permits a more objective inquiry into the cause of the injury. Greater objectivity is necessary in mental injury cases because the claimant’s subjective impression that work-related stress caused her injury often forms the *170basis for the medical opinion that the injury was caused primarily by work-related stress. See, e.g., Seitz v. L & R Indus., 437 A.2d 1345, 1350-51 n.6 (R.1.1981). Other policy considerations, not mentioned by the Commissioner, also support the Commissioner’s standard. For example, it protects against nondetectable fraudulent claims and prevents the conversion of workers’ compensation into general health insurance. See Dunlavey v. Economy Fire & Casualty Co., 526 N.W.2d 845, 856 (Iowa 1995) (unusual stress standard effective means to prevent fraudulent claims and conversion of workers’ compensation into general health insurance). Because reasonable policy concerns support the Commissioner’s standard, there is no compelling indication of error in the Commissioner’s interpretation of the workers’ compensation statute.

Plaintiff argues that the Vermont Workers’ Compensation Act does not differentiate between psychological and physical injuries. While the statute does not expressly differentiate between physical and mental injuries, the Commissioner has adopted a standard that does so because of the greater uncertainty in the diagnosis of mental injuries than in the diagnosis of physical injuries. Although plaintiff argues that “the diagnosis of physical injury is no more or less an art or science than the diagnosis of psychological injury in the field of medicine today,” the Commissioner has reasonably concluded otherwise. Moreover, all but nine states treat physical and mental injuries differently and do so for the same policy reasons as the Commissioner. See IB A. Larson, The Law of Workmen’s Compensation § 42.25(g), at 7-968 (1995 & Supp. 1995). Therefore, the Commissioner’s conclusion that physical and mental injuries require a different standard is not unreasonable.

Plaintiff also argues that the Commissioner’s standard abandons the principle that an aggravation or acceleration of a preexisting condition can constitute an injury that is compensable under the workers’ compensation statute. In Campbell v. Heinrich Savelberg, Inc., we held that “the aggravation or acceleration of a pre-existing condition can constitute a personal injury by accident under the Act.” 139 Vt. 31, 35-36, 421 A.2d 1291, 1294 (1980). Mental injury claimants with preexisting conditions can still receive compensation, but they, like all mental injury claimants, must show that the work-related stress was greater than that experienced by all employees. The *171Commissioner’s standard does not abandon the principle that claimants with preexisting conditions can receive compensation.2

Affirmed.

“If a worker receives a personal injury by accident arising out of and in the course of his employment... his employer or the insurance carrier shall pay compensation. . . to the person . . . .” 21 MS.A. § 618.

The Commissioner’s standard actually might benefit people with preexisting psychological problems. Employers might be more inclined to hire someone with a preexisting condition if they know that they or their insurer will not have to pay a workers’ compensation claim for mental injury resulting from ordinary work-related stress.