ILNews

Worker's suicide fails chain of causation test

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT