Decision  Konstandinos Sokos v. MCI Concord

Date:	07/08/2016
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 010581-12
Location:	Boston

• Employee: Konstandinos Sokos
• Employer: MCI Concord
• Self Insurer: Commonwealth of Massachusetts

CALLIOTTE, J. The self-insurer appeals from a decision awarding the employee a closed period of § 34 and ongoing § 35 benefits, as well as §§ 13 and 30 benefits for treatment of the employee’s depression. The employee, a corrections officer, alleged he suffered a psychiatric disability caused by an inmate threat and by his heavy workload. Although not crediting the employee’s testimony that any threat was made, the judge found the employee’s overall workload, including answering calls to assist in other areas of the prison and working forced overtime, was the predominant contributing cause of his disability. Further, he found the actions taken by the employer were not "a personnel action" and thus could not be a "bona fide personnel action" immunizing the employer from liability.¹ The self-insurer maintains the judge erred by: 1) determining that the assignment and scheduling of the employee’s work was not a bona fide personnel action; and 2) relying on the impartial examiner’s report, after rejecting a portion of the history on which it was based. We hold the second issue requires reversal of the decision.

¹  General Laws c. 152, § 1(7A) , provides, in relevant part:

Personal injuries shall include mental or emotional disabilities only where the predominant contributing cause of such disability is an event or series of events occurring within any employment. . . . No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.