Psychological injuries resulting from stress of non-disciplinary personnel actions are compensable under worker's compensation statute

Law Reporter, May 2003

Davenport v. City and County of Honolulu, 60 P.3d 882 (Haw. 2002).

The Supreme Court of Hawaii held that a firefighter's claim for stress and stress-related symptoms caused by his efforts to secure a promotion is compensable under Hawaii's worker's compensation statute.

The state high court noted that injuries are compensable under Hawaii's worker's compensation statute when they arise out of and in the course of employment. Hawaii courts use a "unitary" test to determine whether there is sufficient work connection to bring an injury within the scope of the statute, the court stated. Activities that are incidental to an employee's duties also arise out of employment, the court noted.

Here, plaintiff's psychological condition resulted from his involvement in the promotion process. The fire department derives a substantial benefit from having its employees seek advancement within the department, and the promotion process is an essential function of the fire department, the court found. Thus, an injury stemming from an employee's interaction with the promotion process is incidental to employment. It is the policy of Hawaii courts to liberally construe the worker's compensation statute. Plaintiff's stress injury is therefore compensable, the court held.

Plaintiff's Counsel

David K. Davenport, pro se