Cooper v. Workers' Compensation Appeals Board

[46]Opinion

THOMPSON, J. Petitioner Billy M. Cooper (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) setting aside the finding of the workers’ compensation judge (WCJ) that applicant sustained injury to his psyche in the course of his employment by respondent General Electric Company (GE).

We hold that the Board’s decision must be annulled since the WCJ correctly found that applicant sustained psychiatric injury in the course of his employment.

Facts

Applicant Billy M. Cooper filed an application for adjudication of claim alleging industrial injury to his ears, cardiovascular system, respiratory system, and gastrointestinal system while employed as an inspector repairman with GE from June 11, 1946, through July 30, 1976.

In early 1973, applicant’s union at GE provided medical evaluations for employees who had asbestos exposure. Applicant testified that this medical examination was paid for by GE. At that time applicant was examined by Drs. Merliss and Dahlgren. Dr. Merliss opined that applicant suffered from a “diffuse pulmonary disorder . . . due in part to smoking and in part to the inhalation of asbestos.” Dr. Dahlgren diagnosed applicant’s condition as “asbestosis from which he is permanently and totally disabled.” Applicant thereafter continued under the care of Dr. Dahlgren.

Dr. Patrick A. Mauer opined applicant did not have any evidence of asbestos related disease but rather chronic bronchitis due to smoking. In his discussion, Dr. Mauer further stated; “. . . . Because of all of the procedures and Dr. Dahlgren’s firm conviction that Mr. Cooper does have asbestosis, Mr. Cooper is firmly convinced that he is dying of asbestosis .... Even if Mr. Cooper does have some degree of asbestos disease, there is certainly no evidence that he is dying of it, and on the basis of his pulmonary function studies there is absolutely no reason to believe that he is disabled in the least by it. I think it is indeed unfortunate that Mr. Cooper has found himself in the position of being convinced that he has a fatal illness on such meagre grounds.”

Dr. John F. Miley, the independent medical examiner (IME), concluded that applicant had “no significant lung disease at all and is not remotely disabled. . . .” Dr. Miley was of the opinion that applicant suffered from “conversion hysteria with moderate to marked depression and anxiety”