Claimant is 56 years old and has been married for 33 years. The eldest of ten children, Claimant grew up in Madison, Illinois. Claimant testified that she had a happy childhood. Claimant's family of origin is very close and loving. After graduating from high school, Claimant attended nursing school for two years and obtained her LPN diploma. Claimant is still a certified LPN.
Over the years Claimant has attended some junior college classes. Most recently she attended Phoenix University in May 2001 for a few weeks. She went to class once a week, two to three hours a night. She quit because there was a lot of paperwork and she had difficulty concentrating.
Claimant worked for Employer for twenty-one years. Since May 5, 1980 Claimant worked in the outpatient dialysis department administering dialysis treatment to patients. She served as a team leader and supervised others. Claimant had an exemplary work record and was well respected by her supervisors.
This Claim for Compensation revolves around an incident that occurred on December 30, 2000. At approximately 2:00 p.m., Claimant was bent over a male patient who was in his 60s preparing him for dialysis. She was wearing a v-neck scrub top with a uniform skirt. As Claimant leaned over to prepare the patient, he reached his hand inside her scrub blouse and grabbed her breast. Claimant removed his hand and yelled at him and told him he was not supposed to touch the nurses. The patient looked at her and smiled and said, "I guess I'm in trouble because I am a white man." Claimant advised the patient that it didn't matter what color he was, he was not allowed to touch her. Claimant was shocked, embarrassed, humiliated, and felt degraded. After the incident, Claimant continued to treat the patient because that was her job and she knew that they were shortstaffed on the weekends. The patient remained under her care for approximately three and one-half to four hours. A co-worker, Patricia Jackson, was present a few feet away at the time of the assault. Claimant thought that Ms. Jackson saw the incident. Claimant testified that Ms. Jackson immediately left to report the incident to Kathy York, the charge nurse.
Claimant testified that she left work that day at approximately 7:30 p.m. After she left there, she "broke down" emotionally in her car. Claimant testified that after the incident, co-workers asked her about it. Claimant called Dr. Cohn, the doctor in charge of the dialysis unit. Dr. Cohn reported he was going to talk to her supervisor because he thought she needed to see a counselor. Claimant testified that she spoke to Ms. Colletti-Cook, the Director of Renal Operations, who informed Claimant that Employer did not provide any treatment. Claimant then called April Cotton in Human Resources who also told her that Employer did not provide any treatment for employees in her circumstances.
Claimant continued to work her regular shift. She took some prescheduled vacation time in January. At the end of January or beginning of February, she saw a psychiatrist on a referral from her primary care physician. She saw Dr. Davis and Linda Medlock. According to Claimant, she was a complete wreck and had lost all of her confidence. She did her best and continued to work. She tried not to talk about what had happened too much, but it was upsetting to her when co-workers asked her about it. The first family member she told was her husband, but she didn't tell him right away. It was humiliating and she thought she could handle it on her own. Dr. Davis took her off work and she applied for FMLA. She used her vacation and sick days. Claimant did not receive any workers' compensation benefits while Dr. Davis had her off work. Claimant never returned to work for Employer. She wrote a letter of resignation to Toni Colletti-Cook.
In the twenty years Claimant worked for Employer, no patient had ever grabbed her sexually. Claimant testified that she thought the sexual assault was extraordinary and unusual in her nursing career.
Claimant testified that she stopped treating with Dr. Davis in the spring of 2001 because her health insurance changed. Claimant then saw Pat Sartini, a counselor, and Dr. Zia, a psychiatrist, who provided medications. She then saw Dr. Rutledge and Peggy Galantowicz, a counselor. Claimant had co-pays with all of the doctors that she saw. At one point, her husband's insurance stopped paying for Ms. Galantowicz, and then Claimant paid $\ 65.00 for each visit until she had to stop seeing Ms. Galantowicz. Currently, Dr. Rutledge sees Claimant once a month. She talks to him, and he gives her Xanax for anxiety attacks, and Gavitrol for depression.
Claimant has not looked for a job because she does not feel she is able to do a full-time job, and nursing is all she knows. In order to do nursing, she has to be focused and in charge, but she has lost her confidence. Claimant feels that she is a wreck and just cannot do the job. Claimant has panic attacks and heart palpitations. She is constantly depressed and has crying spells and low self-esteem. She feels unattractive and doesn't socialize much anymore. She sometimes stays in her house for five days at a time, and no longer does housework like she used to. She used to be outgoing and had a lot of confidence, and now she feels inferior. She has severe nightmares about a man chasing her. She falls out of bed, and the right side of her face is numb because she has hit the side of her face on her night table. She fights her husband in her sleep and doesn't get much sleep.
Claimant never saw a therapist or psychologist before the primary injury. Before the prim