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Worker's suicide fails chain of causation test

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A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.

In Boyd Vandenberg, deceased v. Snedegar Construction, Inc., No. 93A02-0904-EX-312, Jane Vandenberg appealed the order of the Full Worker's Compensation Board affirming the single hearing officer's decision to deny her claim for Boyd Vandenberg's worker's compensation benefits.

Boyd had been at a company party in December, had a few alcoholic drinks, and then got behind the wheel of a company car. He hit another company vehicle, got out, and shot himself in the head in front of Snedegar Construction President Gary Snedegar. Boyd had previously contemplated suicide, suffered from depression, and was a perfectionist.

The single hearing member ruled the evidence showed Boyd knowingly inflicted his injury and his suicide doesn't fall under the narrow exception created by the Court of Appeals to the general bar of compensation when death is caused by a self-inflicted injury.

On review, the appellate court noted Indiana courts have had few opportunities to address whether workers' compensation benefits are barred when the employee commits suicide. It found Indiana State Police v. Wiessing, 836 N.E.2d 1038, to be instructive. Wiessing was a police officer who accidentally killed a motorist during a routine traffic stop. He suffered from post-traumatic stress disorder as a result and killed himself six years later. The full board granted his descendants an application for an adjustment of claim.

In the instant case, the Court of Appeals used the chain of causation test described in Wiessing to determine that the evidence doesn't show Boyd's accident at the company party led to his suicide. The test requires an initially work-related injury defined by the Worker's Compensation Act; that injury directly caused the employee to become dominated by a disturbance of the mind with such severity as to override normal rational judgment; and that disturbance results in the employee's suicide.

Jane argued that Boyd suffered a mental injury of severe, acute depression as a result the company accident and that the company provided no evidence to explain Boyd's change in demeanor immediately following the wreck other than the accident itself.

"However, a change in demeanor is not equivalent to a mental injury," wrote Judge Terry Crone. "We cannot equate post-traumatic stress disorder with Boyd's distress, albeit extreme, following the truck accident. Also, we observe that although the evidence shows that Boyd suffered from depression in the past and may have been suffering from depression at the time of the truck accident and had obsessive-compulsive tendencies, there is no indication that his depression or obsessive-compulsive tendencies were caused by accident arising out of and in the course of employment."

Without an initial work-related injury, the chain of causation test isn't satisfied. The evidence and the reasonable inferences drawn from them support the board's decision that the company carried its burden to prove Boyd's death was caused by his knowingly self-inflicted injury, wrote the judge.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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