Opinion
Record No. 1177-94-1
Decided: January 24, 1995
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
(Alan P. Owens, on brief), for appellant.
(P. Dawn Bishop; Sands, Anderson, Marks Miller, on brief), for appellees.
Present: Judges Barrow, Koontz and Bray
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
Diana L. Hatchell contends that the Workers' Compensation Commission erred in finding that she failed to prove that her November 1992 psychiatric hospitalization was causally related to her compensable February 7, 1988 industrial accident. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the commission's decision. Rule 5A:27.
On appellate review, we construe the evidence in the light most favorable to the party prevailing below. R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). Unless we can say as a matter of law that Hatchell's evidence sustained her burden of proving a causal relationship between her compensable February 7, 1988 industrial accident and her November 1992 hospitalization, the commission's findings are binding and conclusive upon us. Tomko v. Michael's Plastering Co., 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970).
On February 7, 1988, Hatchell was robbed at gunpoint while working for Bel Aire Scottish Inn Motel ("employer") as a desk clerk. Hatchell suffers from post-traumatic stress syndrome as a result of the robbery. As a result of this condition, she had been hospitalized on various occasions for prescription drug overdoses. A September 24, 1990 hospital discharge summary listed Hatchell's diagnoses as major depression, recurrent, severe post-traumatic stress disorder, mixed chemical dependency, borderline personality disorder, and status post polydrug overdose.
In July 1992, Hatchell began to experiment with crack cocaine. She was also self-medicating with alcohol and prescription drugs. On November 4, 1992, Hatchell was admitted to Tidewater Psychiatric Institute ("T.P.I.") after consuming a large quantity of alcohol, prescription drugs, and crack cocaine. On that day, prior to her admission to T.P.I., she assaulted her husband because he refused to give her money to purchase more drugs. Hatchell sought reimbursement from employer for the cost of this hospital admission.
In reversing the deputy commissioner, the full commission was not persuaded that a causal connection existed between Hatchell's industrial accident and her November 1992 hospitalization. The commission's finding is supported by Hatchell's testimony and the deposition testimony of her treating psychiatrist, Dr. William C. Bowens.
Dr. Bowens stated at one point that Hatchell's hospitalization was work-related and that she began experimenting with crack cocaine in desperation to obtain momentary relief from her thoughts and anguish. However, he ultimately admitted in his deposition testimony that he could not explain why Hatchell chose to turn to crack cocaine in July 1992. He admitted that he could not say whether Hatchell decided to experiment with crack cocaine because she wanted to escape her emotional pain or whether she began using the drug simply for the "thrill of it." Thus, the commission was entitled to give little weight to Dr. Bowen's opinions concerning causation. Even Hatchell was unable to explain why she began to experiment with crack cocaine in July 1992.
Based upon the lack of medical evidence to connect the November 1992 hospitalization with Hatchell's February 7, 1988 industrial accident, we cannot say as a matter of law that Hatchell sustained her burden of proving causation. Since our holding on the causation issue disposes of this appeal, we need not address employer's argument that Hatchell's claim for reimbursement was barred by her illegal conduct.
For the reasons stated, we affirm the commission's decision.
Affirmed.