Based on a comprehensive review of the substantial and competent evidence, including Claimant's testimony, expert medical opinions and depositions, medical records, and Division of Workers' Compensation records, as well as my personal observations of Claimant at hearing, I find:
1) Claimant is a 59-year old male who worked as a Public Safety Officer (Security Guard) for Employer for 8 or 9 years. His employment there ended in 2000. His job involved protecting the faculty, students and property at the facilities where he was assigned. The job duties, at various times, included writing reports, walking foot patrols, using metal detectors (hand-held and walk-through) to check every student for weapons, watching for gang activity and other illegal activities, protecting the building from fire hazards and then reporting to Special Services or contacting the authorities, if necessary. His job required him to break up fights on a continued basis.
2) Claimant worked at 6 or 7 different schools during his employment with Employer. The last school he worked at was AAA Bush, which is a middle school in South St. Louis. He worked there for approximately a year.
3) Claimant described some conflict in his employment situation because the Security Chief would say that the security guards work for him, but then the principals would say that the guards work for them. Claimant felt stuck in the middle between the supervisor and principal, which strained his relationship with the school administrators. Claimant said he got along well with his fellow officers though. Claimant said that he would report fights or gang activities and then they would transfer him because they did not like him reporting it. He explained that was the reason why he worked at so many different schools. He believed that every school had gang activity. He suggested that the administrators at the various schools were trying to cover up bad activity at their schools. He even described one occasion where he took a wad of money from a student, gave it to the office and never saw it again.
4) Claimant testified that he filed grievances at the schools where he worked. He said that he was passed over for the Rover job. He was initially offered the job, but turned it down because of the situation with his wife. He said that he was never offered that job again. He testified that when an outside contract security officer was promoted to Rover instead of him, he went to the Union, but nothing was done. He said that he was more qualified than most, but he did not get the job.
5) Claimant testified that he had encounters in some of the schools with the "Trench Coat Division" which was an exclusive club of intelligent students who were trouble. He said that they were plotting against the school, including the use of bombs, shooting or fighting. He said they were like the Columbine group. Every time something happened though, he said the principal squashed it. He said that there were also gangs in the schools, including GDs, 48 Specials, Crips, and Bloods.
6) Claimant testified that some of the weapons he found in school included knives, and a full box of ammunition. He also said that there were sometimes guns hidden in the bushes. Guns discovered included semi-automatics and 38s. He said that drugs were also found in the schools. He testified that he personally found a brick of marijuana laced with cocaine that he took off of a student at Gateway.
7) Claimant testified that there was gang fighting at the schools, including female versus female and male versus male fights. He also said that East St. Louis gangs came to Gateway School to fight. He said that he would try to break up a fight if faculty was involved, and he would call for back up. He described being hit in the back and the head at times. He said that they could handcuff students who would sometimes continue kicking and fighting.
8) He admitted that he never had to take a weapon off of a student except for knives. He testified though that removing a knife or a weapon occurred on average, one time a week. Fighting, however, was an every day or every other day occurrence.
9) Claimant testified at hearing that the behavior at the schools is about the same everywhere.
10) At hearing, Claimant described an incident that occurred at Northwest Middle School in May 1998. He described it as a gang fight. He said the whole school was on the football field for field contests. All total there were about 350 students on the field competing in track races and games. He said that a fight broke out when a student from
another school snuck onto the field. He testified that a boy hit a girl who won the race in the face. He said that teachers were hit in the head, and he also was hit in the head, kicked in the left leg, and punched in the stomach. He testified that 30 students were around him throwing punches at him, and teachers trying to break up the fight were getting hit themselves. He described a kid with a knife lunging at him. He testified that he was able to get the girl that was with him out of the fight. He said that he radioed in for another guard to help because of the fight breaking out, and reported the riot to Security, but police never came. Security showed up afterwards, about 25-30 minutes later, when it was just about broken up. He said the principal told him to stop calling for security. He testified that he received no medical care after this fight, although normally he would go to a doctor after a fight to be checked out. He indicated on cross-examination, however, that he requested to see a doctor immediately after the incident, but the school refused him.
11) Claimant testified that there was a normal amount of stress associated with his job, including dealing with the kids, because of the knives, guns and fights. He specifically admitted that breaking up normal fights is a part of the job. On cross-examination, he testified that normal stress in the job included checking kids, keeping undesirables out, kids cursing or yelling at him, and sending kids to the office. More significant stress included dealing with weapons and gang fights, which were sporadic.
12) Claimant believed, however, that the situation actually got worse at the schools while he was there because the kids got more violent and they knew nothing would happen to them. He said the BD and LD kids would not get expelled regardless of what they did because the schools got paid to have them there.
13) He said that he knows no one from the fight at Northwest Middle School was expelled, but he said that he was suspended for two weeks with pay for writing a report about the riot. He was accused of making the whole thing up; since the administration believed only 5 or 7 kids were involved. He said that the principal did not want him back after this incident and so he was transferred to another school. He testified that he was told he was not allowed on the premises, and if he reported any more fights, he would be fired.
14) In describing the general atmosphere of the schools, Claimant said that there was sporadic involvement of weapons, but he would see gang signs every day. He testified that he had training every summer from the police so that he would know what to look for. He said that students would sometimes go to the hospital after fights would occur. He said the worst fight involved about 50 girls, with some girls getting their hair pulled out. He said there was blood visible and scalps pulled out and on the ground. He said that teachers' cars were stolen and broken into every week. He said that he finally had to leave and give up guard duty.
15) Claimant testified that normal stress did not affect him. He admitted that his wife was diagnosed with cancer in August or September of 1996. He testified that the diagnosis that his wife was dying of cancer affected him, but did not have a profound affect on his job. He testified on cross-examination that it was not stressful in the early stages of the cancer. Although she had a terminal diagnosis on her breast cancer, they believed she could beat it. He said that he supported her throughout her treatment. He said that his wife passed away after his employment for Employer ended. He admitted that it was stressful, but he dealt with it. He commented that he wasn't losing his life, she was losing hers.
16) Claimant testified that treatments from various psychiatrists for stress first began in August or September 1996. At that time, he was having pain in his chest and nightmares. He said that he thought he had a heart attack, but it was just stress. He testified that he had to see doctors for quite awhile (1996, 1997 and into 1998), but he had no insurance so he had to stop going in 1998. He said that he saw a doctor at DePaul, but he was never hospitalized. On cross-examination, Claimant noted that he wanted medical treatment for his sporadic nightmares, but had no insurance. He does have insurance currently and is intending to seek treatment.
17) Claimant was specifically asked on cross-examination whether there was anything particular that precipitated his seeking treatment at that point in 1996. He did not state any specific event or conflict, but just generally said that the schools were infested with gangs and situations that would escalate. He noted that the principals were making it difficult for them to do their jobs by telling them not to write reports.
18) Claimant testified that he continues to have nightmares of the Northwest fight and of getting stabbed with a shank. Additionally, he is anxious, has hot flashes and bed sweats. He said that he experiences all of these complaints every month, and more than one time a month. While his wife was suffering with cancer, he was worried about who would take care of her if something happened to him. He said he wanted to get out of law enforcement altogether.
19) Claimant noted that his last job as a security guard was at Twin City Security. His work involved use of the computer and checking people at Budget Rent-A-Car as they were leaving the premises. He noted that he is working currently.
20) On cross-examination, Claimant described his prior work as a security officer for 18-20 years and specifically described his employment as an SIU-E Police Officer. He said that during the two years he worked there from
1978-1980, he experienced normal police work incidents, but nothing major. He did admit that his partner was shot in the abdomen with a sawed off shotgun while Claimant was off duty and nowhere near him. His partner did not die. He testified that this did not stress him out and he did not recall any feelings of panic or anxiety. He admitted that he was concerned for him.
21) Caroline Penberthy at SSM DePaul Health Center (Exhibit I) evaluated claimant for his stress condition on September 16, 1996. Claimant described chest pains and other physical complaints after being relocated from a "safe school" to an "unsafe environment" because of a vindictive principal. Claimant was off work and fearful of going back to work because of the environment. The note also indicates that his wife has been diagnosed with breast cancer.
22) Claimant first received medical care for his alleged stress from Dr. Ballard at Group Health Plan (Exhibit J) on September 16, 1996. Claimant presented with chest pain and pain in the left arm related to stress. The handwritten note indicates that he "usually notices [this pain] while under some form of stress." The note contains a history that he was transferred to a different school, not by his choice, because of a conflict with the Vice Principal. It also says that he found out his wife has terminal cancer and she has two months to live. The typed note from that date lists the stress from the cancer diagnosis first and then notes "difficulty with work." The last visit in these notes with Dr. Ballard was on October 17, 1996 when he was noted to have an element of depression, but there was no specific discussion of work or non-work-related factors causing it.
23) Medical treatment records from Multi-Care Psychiatric (Exhibit B) document treatment Claimant received there from September 29, 1996 until October 17, 1996. The handwritten notes from the first examination on September 29, 1996 indicate a history of stress brought on by the principal giving him a hard time since he does not like him. The notes also describe the promotion of an outside contractor to a supervisory position and Claimant's feeling that he is being discriminated against. He believes he is being treated worse since he complained to the Union. It also indicates, "In the meantime, wife was DX to have breast cancer. This has become overwhelming. Now he is being transferred." The notes also state that he is preoccupied with the stressful situation at work and also worried about his wife's health and his health. There is a diagnosis of major depression single episode severe, panic disorder and financial and work related stressors.
24) Subsequent notes from that same facility contain references to conflicts with Mr. Sparks (an administrator at his school) who doesn't like him because he complained about some football players when Mr. Sparks was the football coach at Gateway. He also repeats that he feels cheated because he was passed over for the promotion that the outside contractor was given. The records do contain a note regarding a telephone call from Claimant on February 20, 1997, when Claimant wanted the doctor to take him off work again because of a stressful situation. The doctor refused given Claimant's noncompliance with treatment and failure to follow-up. Claimant blamed the doctor for no appointment and was apparently upset. The examination of October 17, 1996 was the last time Claimant was actually seen by the doctor at this facility.
25) Claimant next treated with Dr. Lawrence Kuhn (Exhibit C) from April 28, 1997 until July 31, 1997. At the time of the initial examination, Claimant was complaining of chest pain and left arm pain associated with emotional stress. The note indicates he was working at Northwest Middle School where there were lots of threats and fights. The record also indicates that his wife is going through chemotherapy for left breast cancer. There is no description of a specific event or incident in this note. He is, however, diagnosed with Acute Stress Disorder.
26) Dr. Kuhn's June 1997 note indicates that the principal transferred Claimant to a different school after a student riot. Claimant filed a grievance that is pending. Claimant liked the new school and described his sleep as OK. There was no description of nightmares or any other effects from the "riot" in the note. He was not taking any medications. The last note from Dr. Kuhn dated July 31, 1997 described that he was felling much better in his present job. His sleep was improved and his wife was doing well.
27) Dr. Raymond Cohen (Exhibit D) generated a one-page report dated October 7, 1997. He generally states that Claimant has some disability related to his stress at work, but notes that he does not have any expertise in rating this condition and so he defers to a psychiatrist. The six-line report, however, contains no history, no opinion on medical causation, no discussion of complaints and no formal diagnosis.
28) Claimant's deposition was taken on May 21, 1998 and was submitted into evidence in this case (Exhibit 4). Claimant significantly noted in the deposition that he was under constant pressure and harassment at Cleveland ROTC from the assistant principal, sometimes the principal and some of the safety officers that worked with him. Claimant also described the "riot" at Northwest Middle School while he working there as a guard. He said that one girl punched another girl who won the race and then the 400 students all got involved and starting moving "like a wave." He stated that teachers were being hit from behind, but he never mentioned that he was actually hit. When asked what he was doing, he stated, "Making sure that I didn't get hit; calling for assistance from Mr. Williams."
29) Dr. S.D. Parwatikar saw Claimant one time at the request of his attorney and generated a report dated June 8,
1998 (Exhibit E). Dr. Parwatikar's deposition was taken by Claimant on December 9, 2005 (Exhibit K) to make his opinions in this case admissible at hearing. Dr. Parwatikar is a Board Certified Psychiatrist who is retired from the active practice of psychiatry. At the time of his examination, Claimant reported nightmares to Dr. Parwatikar, among other physical complaints. Claimant said that the nightmares usually consisted of having a conversation with his supervisor and then he would feel like things were crawling and coming at him. They occurred one to two nights a week and got worse with a bad day at work.
30) According to Dr. Parwatikar's report, Claimant described the onset of these stress complaints in September 1996 when he was transferred to a school on September 13, 1996 (a Friday) with an assistant principal who did not like him because of what Claimant did to his football players when he was the coach at another school. Then Claimant had disputes with the assistant principal and called his union, prompting a transfer to another school that Claimant considered more dangerous. The chest pains started at the thought of this transfer. At least one of the disputes was regarding the promotion of a contract employee to be a supervisor over the safety officers, which Claimant did not feel was right. In the work history, Dr. Parwatikar recorded that Claimant had a pre-existing traumatic event, when his partner got shot. According to the report, that bothered Claimant and caused him to change jobs. The report also notes that the transfer bothered Claimant because he did not want to be put in a situation where he would remember what happened to his partner.
31) Dr. Parwatikar diagnosed Panic Disorder without Agoraphobia medically causally related to the stress at work from encounters with the assistant principal beginning in September 1996. He did not believe the panic disorder was related at all to his wife's breast cancer. (It should be noted that Dr. Parwatikar mistakenly reported that Claimant's partner was killed in the prior shooting. Although he corrected this error in his deposition, the report contains numerous references to it, and the reasoning on page 11 of his report regarding medical causal relationship contains an errant reference to the loss of his partner in the prior shooting.) Dr. Parwatikar rated Claimant as having 25 % partial disability from a psychological standpoint related to this stress, but noted that if Claimant received proper care, the disability could be lessened to 15 % permanent partial disability.
32) Dr. Gordon Robinson examined Claimant on two occasions at the request of Employer's attorney, and generated a report dated March 30, 2000. Dr. Robinson's deposition was taken by Employer on November 18, 2005 (Exhibit 3) to make his opinions in this case admissible at hearing. Dr. Robinson is a Board Certified Psychiatrist who is in the active practice of psychiatry. Dr. Robinson's extensive, 30-page report covers the complete history of these events, as well as any of Claimant's pre-existing significant events, in extraordinary detail, with numerous direct quotations from Claimant contained in the report.
33) With regard to the pre-existing incident involving the shooting of his partner, Claimant apparently told Dr. Robinson that it bothered him quite a bit, and he had nightmares and trouble sleeping, as well as anxiety attacks. He said that he quit the force because of it. With regard to incidents at the various schools he worked at for Employer, Claimant went into great detail to explain the problems he had with various administrators and supervisors at those schools. There were numerous references to administrators trying to pin things on him, or punishing him for writing reports. He again dated the onset of his stress to his transfer in September 1996 to a school where the assistant principal, Mr. Starks did not like him. Claimant said he felt harassed and singled out. At Gateway Michaels School he had trouble because he would not help with the kids and was not "a team player" so he got transferred from there as well.
34) Claimant also described to Dr. Robinson the incident at Northwest Middle when he was involved in the "riot" during the field day. Claimant said the fighting started when one girl punched another girl who had lost a race. He stated that he was surrounded by 50 kids punching and kicking him. He said that 2 children were down on the ground, were not moving and appeared not to be breathing, but he could not get to them. He said a Rover showed up and was attacked as well. Claimant also described incidents where he felt mistreated at Mason and AAA Bush Schools. He noted that he had been kicked out of 5 schools and filed a grievance over every one of them.
35) Dr. Robinson diagnosed Major Depressive Disorder recurrent, Panic Disorder without Agoraphobia, Obsessive Compulsive Personality Disorder, and Paranoid Personality Disorder. His report notably contains $111 / 2$ pages of an explanation of how Claimant's complaints and problems support the diagnoses rendered by Dr. Robinson based on the criteria from the DSM-IV. Dr. Robinson opined that these psychiatric problems were not significantly exacerbated by or caused by work stress or a work-related injury. Specifically, he did not believe Claimant's employment was a substantial factor in causing his problems. He opined that the psychiatrically related work problems were the result of long standing Personality Disorders. He also drew an insightful distinction between Claimant's perception of the events and what they actually were. While he did believe some treatment would be beneficial, he reiterated that the need for treatment was not related to the employment. He did not believe Claimant was disabled by virtue of a work injury or illness.
36) The records of the Division of Workers' Compensation (Exhibit A) provide a procedural history of this claim. Claimant filed his first Claim for Compensation, which was assigned Injury No. 97-464111 with alleged dates of injury of 1995 through 12/97. It was date stamped January 15, 1998 on the first page, but January 20, 1998 on the second page. An acknowledgement of the claim was sent by the Division on January 29, 1998 and an Answer
was filed by Employer on February 23, 1998. Claimant then filed an Amended Claim for Compensation that was date stamped November 8, 1999, which changed the date of injury to "through 10/14/99." Because of the change of the date of injury, it was assigned a new Injury No. of 99-145116. An acknowledgement of the new claim was sent by the Division on November 30, 1998. An Answer by Employer was dated December 7, 1999, and then acknowledged by the Division on December 10, 1999. (Exhibit 6) Both injury numbers were then combined by the Division on December 7, 1999 under the 1999 injury number. (Exhibit 5)
37) Claimant's original attorney, Harry Nichols, withdrew on September 27, 2000. An Entry of Appearance for Claimant's new attorney, Rick Barry, was received by the Division on December 1, 2000. Mr. Barry then withdrew on November 26, 2001 and asserted a lien for attorney's costs and fees in the amount of $\ 625.00.
38) The Claim for Compensation was initially dismissed on July 10, 2002. (Exhibit 1) Mr. Nichols filed an Application for Review and his new Entry of Appearance with the Commission on July 29, 2002. On September 26, 2002, the Commission set aside the Order of Dismissal and reinstated the Claim for Compensation. The Claim for Compensation was then dismissed with prejudice again on August 13, 2003. (Exhibit 2) Claimant filed an Application for Review with the Commission on March 8, 2004. On November 16, 2004, the Commission again set aside the Order of Dismissal and reinstated the Claim for Compensation. (Exhibit L)