Degiuli v City of Taylor, 2009 ACO #196
The Commission affirmed the magistrate’s denial of benefits related to the plaintiff’s alleged psychiatric disability caused by the death of an inmate. The plaintiff alleged emotional difficulties including feelings of guilt, depression, and anger over the death of an inmate in September of 2003. Following the death, the plaintiff never treated for or complained of emotional issues until after a deposition regarding the death in February 2005. The plaintiff argued on appeal that the magistrate’s findings were not supported by competent, material and substantial evidence and that the treating psychiatrist’s testimony should have carried more weight than the defense examiner’s.

Key point: the Commission will defer to the magistrate’s choice of testimony if that choice is reasonable. Further, the magistrate’s fact finding that the plaintiff’s failure to treat for or complain of emotional difficulties contemporaneous with the event is a reasonable fact for the magistrate to rely on to deny benefits.