The parties presented evidence at a hearing on March 5, 2007. Appearing at the hearing were claimant, and his attorney, Jeremy Brown. Employer/insurer appeared through their attorney, James E. Laramore. The parties agreed that claimant's average weekly wage was $\ 769.98, and that his rate of compensation was $\ 513.32 for permanent total and temporary total disability benefits and $\ 329.42 for permanent partial disability benefits. The parties additionally agreed that medical benefits were paid in the amount of $\ 7,760.49 and that no temporary total disability benefits were paid.
The parties presented the following issues for determination:
- Whether claimant sustained an injury by accident or occupational disease resulting in a physical/mental injury.
- Whether claimant's mental injury was caused by his accidental or occupational injury at work.
- The nature and extent of claimant's disability with the parties agreeing that claimant's hearing loss resulted in a disability of 67 weeks of compensation.
- Whether claimant is entitled to future medical care as it related to his alleged mental injury.
Claimant was an employee of URS Corporation operating a water truck, a dump truck, and a bulldozer. Claimant testified that the large majority of his work was performed in an open-cabbed bulldozer. There is no dispute that claimant sustained an injury by accident or occupational disease resulting in a hearing loss and tinnitus. However, claimant is asserting that he is suffering from a major psychological injury as a result of his physical injury at work. Claimant admits that he continued to work for URS through its completion of its work in the Joplin, Missouri area. He was not fired from his employment, and he was able to do his work until URS left the Joplin area. Following his employment at URS, claimant attempted to obtain work elsewhere, and he was successful in finding work for the Oklahoma Turnpike Authority. However, claimant testified at trial and in his deposition that he worked only a short period of time for the Oklahoma Turnpike Authority, somewhere between two weeks to two months. He testified that he was physically able to do the work, but he experienced difficulty working for the turnpike authority because of loud noise. Claimant could not tolerate the noise at work while wearing his hearing aids. He stated that his employer would not allow him to work without his hearing aids turned on. Claimant's wife, Fonda Hickey, testified that claimant's work at the turnpike authority frustrated and agitated him. Because of those difficulties, she wanted him to quit that employment. She also testified that in the last part of his work for URS he was also upset and exhausted when he came home from work.
It is clear, from claimant's testimony and his medical history, that claimant was physically capable of performing the work for URS and the turnpike authority. Indeed, it was claimant's testimony that he is capable of significant physical activity. However, claimant testified, as supported by his medical history, that he has significant hearing loss and is suffering from a psychological or mental injury. Indeed, the testimony of claimant, claimant's wife, and his friends, Doyle Tucker and Larry Gross, it is clear that claimant is suffering from a major hearing problem along with the inability to interact with others as he had done prior to his hearing loss. From claimant's testimony, and that of his wife, it is clear that claimant is depressed, unable to concentrate, anxious, agitated, frustrated, and unable to sleep. Claimant and his wife testified that
claimant tries to keep busy to avoid being agitated and frustrated, but that his ability to perform tasks is of short duration because of his agitation, frustration, and lack of patience. Claimant has been able to work in his garden, mow his lawn, use a weedeater, drive his vehicle, assist his wife with household chores, and go fishing. That is clear from claimant's testimony, and is borne out in part by the surveillance video showing claimant working in his garden and operating a Bobcat. However, it is also clear from the evidence that claimant is able to perform tasks for only short periods of time because of his depression which causes problems of frustration, anxiety, impatience, and lack of concentration.
Claimant was assessed by Dr. Steven M. Corey, a psychiatrist, as suffering from a major depressive disorder (4/30/03) and a mood disorder due to his medical condition and an anxiety disorder (4/14/03). Dr. Corey assessed Mr. Hickey as a result of a referral from claimant's personal family physician, Dr. Fred Ray. Dr. Ray also noted that claimant had mental stress from his hearing loss and tinnitus. Dr. Judith Long, a psychologist, also diagnosed claimant as having a major depressive disorder of a severe nature along with a generalized anxiety disorder. Dr. Long concluded that, "Mr. Hickey is experiencing medical issues that are quite stressful and prevent him from working in the capacity of his training and expertise. He is very stressed due to financial difficulties and fear that he will lose everything that he has worked for during his lifetime. He is experiencing both severe levels of depression and anxiety due to health and financial stressors." Dr. Long also noted that claimant needed medications and would benefit from out-patient mental health services (5/15/03). Dr. Long also noted that there was no history of psychiatric illness or treatment of claimant prior to her evaluation.
Dr. Dale Halfaker, a psychologist, also evaluated claimant and noted that claimant was experiencing a moderate to severe major depressive disorder with no indications of preexisting psychological problems. Dr. Halfaker found that claimant's major depressive disorder was directly related to his hearing impairment, especially his tinnitus, and that the hearing impairment and tinnitus were the substantial and prevailing factors in causing his major depression. Dr. Halfaker rated claimant as having a 50 percent psychological impairment. He additionally found that claimant was in need of antidepressant medication and the monitoring thereof. Dr. Halfaker opined that claimant needed to have individual counseling to assist him in better managing his condition as it relates to his hearing loss and tinnitus. Dr. Halfaker did not believe that such counseling would cure or relieve claimant of his psychological condition but that it would assist him in his quality of life and improved interactions with others. Dr. Halfaker anticipated the need of four to six months of individual psychotherapy on a weekly basis with approximately 16 to 24 individual hour-long sessions (4/27/05). Dr. Halfaker's ultimate conclusion was:
Given the nature and extent of his depression I do not see him as having the capacity to maintain attention and concentration for extended periods to work effectively; being able to be reliable to be able to consistently perform activities within a schedule, maintain regular attendance, or to be punctual within socially and professionally customary tolerances; being able to complete a normal workday or workweek without interruptions from psychologically based symptoms, or to be able to effectively interact with the general public, supervisors, or coworkers.
Dr. Halfaker's opinion related solely to claimant's work-related psychological impairment and not claimant's physical impairment.
Dr. Richard C. Aiken, a board certified psychiatrist, also examined claimant and opined that claimant was suffering from a major depressive disorder that was severe