Guerra v. Workers' Compensation Appeals Board

Opinion

WOODS, P. J.

Petitioner Victor R. Guerra (applicant) seeks review of the order of respondent Workers’ Compensation Appeals Board (Board) denying reconsideration of the findings and award of the workers’ compensation judge (WCJ) that applicant’s self-inflicted burn injury did not arise out of his employment. As we shall explain, applicant is entitled to relief.

In May 1982, while applicant was employed as a printing pressman helper by Stationer’s Corporation (employer), he sustained industrial injury to his neck, head and back. In June 1982 he was medically released to return to work; however, he was unable to continue working because he could not do the heavy lifting and bending required by his job without incurring back pain.

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On July 15, 1982, during a quarrel with his fiancee applicant sustained extensive bodily burns when he leaned against an electrical power terminal. He testified that the self-inflicted burns were the result of depression he suffered from back pain and his inability to work and support his fiancee.

For 12 months Dr. Ling treated applicant’s complaints of depression, anxiety and fear of not being able to marry and support his fiancee. Applicant could not understand his impulsive behavior and loss of control which led him to self-inflict the burns. Dr. Ling opined that after the back injury applicant “developed depression and anxiety and in its course developed a rather poor self image and poor impulse control, leading to . . . the incident with the burn.” Dr. Ling thus concluded the burn injury and applicant’s neuropsychiatric status were all related to the initial May 1982 industrial injury.

Dr. Anselen, reporting for the employer, reached the following conclusions:

“1..........................

“2. The patient also has a history that in 1979, his brother was murdered in front of him. No doubt that this patient has had a somewhat turbulent and explosive life.

“3. I was surprised to read from the well-meaning and learned doctors that all of this patient’s problems started from his minor back injury, which is the industrial accident. This is impossible to believe, and again I repeat I was very much surprised to read that this patient’s overdose with medication, arguments with his girlfriend, trying to burn himself with a live wire, all these tragic events started because the patient suffered a simple lumbosacral sprain at work.