Clowes v. Workmen's Compensation Appeal Board

I must dissent from the scholarly opinion of the majority in this extremely troubling and difficult matter.

As noted by the majority, Dr. Berschling, whom the referee found credible, testified that the “claimant suffered no mental disability or injury prior to his transfer and change of duties” and, further, in Finding of Fact No. 10(i), “it was the progressive accumulation of traumatic experiences while in the night felony homicide division which caused claimant’s mental disability.” The referee then continued to state his legal opinion that there was insufficient evidence to prove claimant…