Pamela Flood v Eastern State Hospital
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COURT OF APPEALS OF VIRGINIA Present: Judges Baker, Willis and Overton Argued at Norfolk, Virginia PAMELA FLOOD v. Record No. 0588-95-1 EASTERN STATE HOSPITAL MEMORANDUM OPINION * BY JUDGE JERE M. H. WILLIS, JR. JUNE 11, 1996 FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Gregory E. Camden (Rutter & Montagna, on brief), for appellant. A. Ann Berkebile, Assistant Attorney General (James S. Gilmore, III, Attorney General; Catherine C. Hammond, Deputy Attorney General; Gregory E. Lucyk, Senior Assistant Attorney General, on brief), for appellee. Citing the requirement of Code § 65.2-406(A)(5) that "a diagnosis of [a compensable] disease [must] first [be] communicated to the employee," and holding that the opinion of Mr. Huppert, a licensed clinical social worker, was insufficient to satisfy this requirement, the commission ruled that the claimant produced no proof of "a proper diagnosis and communication" and thus failed to prove a compensable occupational disease. The commission erred in thus holding. A clinical social worker is professionally qualified at the autonomous practice level to provide direct diagnostic, preventive and treatment services where functioning is threatened or affected by social and psychological stress or health impairment. * Pursuant to Code § 17-116.010 this opinion is not designated for publication. Code § 54.1-3700. Thus, Mr. Huppert was not disqualified as a matter of law from providing an acceptable diagnosis and communication of acute anxiety reaction. The decision of the commission is reversed and this case is remanded to the commission with direction to receive and consider the opinion of Mr. Huppert, according to accepted standards of factual review, and to ascertain the sufficiency of that opinion to satisfy the requirements of Code § 65.2-406. Reversed and remanded. - 2 -
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