Randy Johnson v. Clark Construction Group Inc.
75858-6
| Wash. Ct. App. | Nov 20, 2017Background
- Randy Johnson, a longtime journeyman carpenter, filed a workers' compensation claim for bilateral carpal tunnel syndrome (allowed by L&I) and later sought coverage for related depression and anxiety.
- The Department of Labor and Industries closed his claim and found him capable of working; the Board of Industrial Insurance Appeals weighed the evidence and affirmed the closing order on proximate causation grounds.
- Johnson appealed to superior court; a jury reversed the Board, finding (1) his occupational disease proximately caused his depression and anxiety, (2) he was temporarily totally disabled from July 25, 2012 to February 10, 2014, and (3) he was permanently totally disabled as of February 10, 2014.
- Medical testimony included Johnson’s treating physiatrist (Dr. Seroussi), his ARNP treating his psychiatric condition (Joshua Webb), a clinical psychologist (Dr. Bargreen), and a defense psychiatrist (Dr. Robinson); the experts disagreed about causation and permanence.
- Clark Construction appealed, arguing insufficient evidence on proximate cause, temporary total disability, and permanent total disability; the Court of Appeals reviewed for substantial evidence and affirmed the jury verdict.
Issues
| Issue | Plaintiff's Argument (Johnson) | Defendant's Argument (Clark) | Held |
|---|---|---|---|
| Proximate causation of depression/anxiety by occupational disease | Medical testimony showed the L&I claim triggered or aggravated preexisting mental illness | Experts lacked a proper factual foundation (meth use, family deaths, history) or alternate cause (drug use, life events) | Affirmed — substantial evidence supports proximate causation; experts maintained opinions after learning omitted facts |
| Temporary total disability (7/25/2012–2/10/2014) | Treating mental-health clinicians testified Johnson could not perform gainful work during period | Johnson’s union availability and statements of willingness rebut disability | Affirmed — expert testimony that Johnson was unable to sustain employment is substantial evidence |
| Permanent total disability (as of 2/10/2014) | Combined record evidence and treating clinician testimony support permanency and inability to work | No witness directly testified to permanent total disability; defense argued condition was not permanent or was due to nonindustrial causes | Affirmed — jury could infer permanence from testimony (defense witness as to fixed claim resolution + treating clinician on incapacity) |
| Attorney fees on appeal | Fees recoverable when worker obtains relief on appeal under RCW 51.52.130 | Clark argued Johnson should not have prevailed below so fees improper | Affirmed — fees properly awarded because appellate victory sustained |
Key Cases Cited
- Ruse v. Dep't of Labor & Indus., 138 Wn.2d 1 (worker must prove job-related condition caused disability)
- Sayler v. Dep't of Labor & Indus., 69 Wn.2d 893 (expert opinion not probative if based on materially incomplete facts)
- Parr v. Dep't of Labor & Indus., 46 Wn.2d 144 (causation unsupported where medical opinion omitted material facts)
- Hiatt v. Dep't of Labor & Indus., 48 Wn.2d 843 (permanence defined as fixed state from which full recovery is not expected)
- Rogers v. Dep't of Labor & Indus., 151 Wn. App. 174 (standard for appellate review of superior court jury verdict in workers’ compensation appeals)