‘THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION MWCC NO. 1407275-M-7077 DAN K. HILL, JR., ADMINISTRATOR OF CLAIMANT ‘THE ESTATE OF MICHAELA MARIE HILL, DECEASED, AND A WRONGFUL DEATH BENEFICIARY OF MICHAELA M. HILL vs. MS DEPARTMENT OF MARINE RESOURCES EMPLOYER AND MS STATE AGENCIES SELF-INSURED WORKERS’ COMPENSATION TRUST CARRIER APPEARING FOR CLAIMANT: Kaye J. Persons, Esquire, 14445 Jim Byrd Road, Biloxi, MS 39532-7907 APPEARING FOR EMPLOYER AND CARRIER: ‘Walter J. Eades, Esquire, P. 0. Drawer W, Gulfport, MS 39502-0680 ORDER OF ADMINISTRATIVE JUDGE On August 13, 2014, the claimant's representative filed a Petition to Controvert, alleging Michaela Marie Hill suffered a compensable injury on August 18, 2012, when she was on medical Jeave foranxiety and depression and committed suicide, On September 4,201 4, employer/earrier filed their Answer and Defenses to Petition to Controvert denying the claimant sustained an injury within the meaning of the Mississippi Workers’ Compensation Act. On December 14, 2015, an Order Granting Motion to Substitute was entered substituting Dan K. Hill Jr. asthe claimant inthis claim, ‘A hearing was held inthis matter on September29, 2016, at 10:00 a.m. atthe Harrison County Courthouse, Gulfport, Mississippi. The parties were given until November 4, 2016 to file post trial briefs.STIPULATIONS ‘The parties reached the following stipulations: 1. 2 10. Me Michaela Marie Hill committed suicide on August 18, 2012; “Thirty-Five Percent (35%) of Michaela Marie Hill's average weekly wage would ‘exceed the weekly maximum for 2012 of $438.68; ‘Atall times relevant herein, the employee/employer relationship existed; ‘Atall times relevant herein, Michaela M. Mill held the position of Executive Assistant (ak/a “Staff Officer", “Project Officer (Special)”,“Project Manager”, and “Marine ‘Administrator”) under the supervision of DMR Executive Director William Walker; Michaela M. Hill was employed by DMR for approximately thirteen (13) years; ‘Throughout her employment with DMR, Michaela had an excellent performance record; In late 201 1/early 2012, federal andi/state auditors investigated DMR; In January 2013, William Walker, Joe Ziegler and Tina Shumate were indicted for criminal actions they were alleged to have committed as officials/managers of DMR; In January 2013, William Walker was terminated from DMR; William Walker, Joe Ziegler and Tina Shumate pled guilty to crimes; inJune 2014, William Walker received a five-year federal prison sentence, along with fines and penalties. ISSUES Did Michaela Marie Hill suffer a work related injury on or about August 18, 20125 If so, is Michaela Marie Hill's estate entitled to benefits under the Workers? Compensation Act, and if so, what benefits would her estate be entitled to recover;Is Dan K. Hill, Jr. entitled to recover as a death beneficiary, and iso, what would he be entitled to recover; Is the claimant's estate barred by the statute of limitations under Section 71-3-35 of the Mississippi Code; Is Dan K. Hill, Jr.’s (also known as Ken) death beneficiary claim barred by Section 72- 3-35 of the Mississippi Code; ‘Are the claims of the estate and Mr. Hill defeated by the intentional act exception found iri the Mississippi Code Ann. Section 71-3-7(4); Have the employer and carrier waived any of their defenses; ‘Any issues raised by the employer and carrier with regard to whether it was proper to allow Mr. Hill to be substituted as a party and whether his substitution would relate back to the filing ofthe original petition. ‘EXHIBITS ‘The following Exhibits were entered into the record: General Exhibit I: General Exhibit 2: General Exhibit 3: General Exhibit 4: General Exhibit 5: Claimant's Exhibit 6: Claimant’s Exhibit 7: Claimant’s Exhibit 8: Deposition of Gerald O’Brien, PhD, including his updated CV ‘and his February 5, 2015 report; Death certificate and biography of Michaela Hill; ‘The affidavit and medical records of Elizabeth Koch, PhD, incorporating records of Julie Teeter, PhD, and Angela Burt, MD; ‘The affidavit and records of Merit Health Biloxi, MS; 2010 W-2 of Michaela Hill, Memorandum from William Walker dated July 1, 2010; Disclosure memo of Tina Shumate dated June 30, 2010; Judgment in criminal case against William Walker over the ‘objection of employer/carrier, who assert they were not produced in discovery and were not identified as exhibits and as to relevance. However, these documents were attached to the response to Motion to Dismiss and appear to be documents that would have been in possession of employer since they 3were employees of DMR. Claimant's Exhibit 9: Funeral home invoice and payment from Mr. Hill; Identification Az ‘The affidavit and August 26, 2016 report of Dr. Mark Webb. MOTIONS FILED SHORTLY BEFORE THE HEARING 1) The Motion to Dismiss filed by the employer/carrier will be addressed in the Order on the hearing on the merits which is taking place today. 2) The Motion to Take the Deposition of Ken Hill is moot at this time as this case has been pending since August 2014. Mr. Hill was substituted as the claimant in the matter in December 2015, at which time discovery was extended sixty (60) days. It was again extended at the end of January through March 29,2016. "The employercarier made no attempt to depose Me. Hill during any ofthis 1¢ and did not file a Motion to Compel his deposition until August 16, 2016, without any extenuating circumstances being listed. Therefore, same is denied. 3) Claimant filed a Motion to Strike the report of Dr. Mark Webb submitted by employer/earrier. Despite the extended discovery periods and being provided with the opinions of Dr. (O’Brien by at least February of 2015, the employer/carrier did not get a report from Dr. Webb until August 26, 2016 and did not produce it until September 12, 2016 when they filed their supplemental preheating statement and did not supplement discovery responses until September 14, 2016. Dr. Webb's letter will not be entered into evidence but will be marked for identification. SUMMARY OF RELEVANT E ‘Matt Hill Daniel Matthew (Matt) Hill is the son of Michaela Hill. Matt has a younger sister, Jennifer Hill. Matt testified that he is a marine manager of the Department of Marine Resources (DMR) and Fish Bureau Director. He works in the same building where his mother worked. He is on the second 4floor. She was on the sixth floor. He began working there in 2002, and he and his mother worked together from 2002 until 2012. Matt saw his mother on a daily basis and helped her write opinions, perform tasks and reviewed proposals with her. Matt testified that his mother was 52 years old at the time of her death. She was a pillar of the agency. She was versatile and knowledgeable. She was an executive assistant to Bill Walker. She ran meetings and wore many hats. Matt testified that he is aware that Mr. Walker and two other workers were indicted. Nothing went by Mr. Walker without his mother’s approval. Inlate 201 1, the agency became aware that there were some findings related to mismanagement of funds. The agency was being audited. ‘On May 15,2012, his mother attended a meeting with several other employees, and they were informed they were under investigation and possible criminal charges could be filed against them. Mr. Hill testified that his mother informed him that she met with two representatives from the Mississippi Department of Wildlife and Fisheries and a representative of the Department of Interior concerning the use of funds for purchase of two properties in question. There was $12.6 million in questionable land acquisitions. Mr. Hill testified that he observed that his mother felt trapped in relation to the Tina Shumate property acquisition. His mother had raised many questions about the transaction. She was put in charge and Tina Shumate was taken off of the transaction. ‘After observing Exhibits 6 and 7, Mr. Hill testified that he recognized the documents as he saw these documents in the course of his work. Mr. Hill explained that Exhibit 6 was a firewall memo and was consistent with a Chinese Firewall which shields someone that should not be involved ina certain matter, Mr. Hill felt that Mr. Walker was shifting the burden from Ms. Shumate to his mother which was consistent with his mother’s concerns.Mr. Hill testified that his mother was concerned that the funds were to be used to buy lands to return it to green space. These properties were in the middle of a neighborhood with no public access. She did not feel the property met the criteria. Also, one of the properties belonged to the i parent ofan employee. In his mother’s view, it served no public interest to buy the property. Mr. Hill testified that concerns were raised contemporancously to Sammy Chestnut, assistant attomey general. ‘The transaction was not stopped. Mr. Hill said that he had interaction with the auditors and they came to him and were respectful about what happened to his mother. They continued to work with him in the process of accounting ‘They came to him about the two vessels purchased by Bill Walker, cost of certain items and the duplicity of items. Mr. Hill testified that he observed the guilty plea hearing at the request of the FBI. He was asked for financial information about his family including their debts, new debts, if anyone in the family needed money or were living above their means. He was also asked for information about his. parents, He did not provide the information. Mr. Hill testified that prior to the knowledge of the investigation, his mother was professional, outgoing, never too busy, did not put a burden on people, could multi-task, and commanded respect because of her knowledge. This continued even after the investigation and there were no hints to anyone until the afternoon of May 15. Mr. Hill testified that after a May 15 meeting at work, his mother turned in all of her belongings, walked out the door and did not return to work. She missed her grandchildren’s T-ball game to attend the May 15 meeting. She would not return phone calls. She became very distant. She did not speak with her grandchildren. She had very little contact with any of her family.After the May 15 meeting, Mr. Hill tried to have a conversation with his mother about that meeting. She would not say what transpired. She believed she would be blamed for every thing. 1¢ for treatment when she tried to take her (On May 17, his mother was admitted the first She came out of the hospital and said she was sorry. She was admitted to Gulf Oaks and remained there for abouta week. She continued to deteriorate at home. She returned to the doctor/psychiatrist’s office. That was a hard day because she did not want to go back to the hospital. She did not show any signs of improvement. Mr. Hill testified that his mother was admitted a second time to Gulf Oaks. His mother allowed him and her father to visit. Her condition bad deteriorated further and they moved her to the basement. It was difficult to see her in that state. She refused to bathe and take care of herself. She smelled. The change was astonishing. She was released a second time from the hospital. It was a short term facility and they were looking for a long term solution. She took her own life on August 18. Prior to that she had made some improvement. Her color was back but she was still extremely reserved and had limited interaction with her grandchildren, Mr. Hill believes she had made up her mind that she did not want to return to the hospital. Ms. Hill filled out FMLA paperwork and her FMLA time was expiring on August 20. She had them believe that she intended to go back to work on August 20. General Exhibit 3 are records of Elizabeth Koch including the FMLA request and approval which indicates she was due back at work ‘on August 20. She committed suicide on August 18. Mr. Hillexplained that he had been renovating his house on August 18. His father and mother came over to his house and saw the grandchildren and spoke with his wife. He spoke wit his father but did not speak with his mother. His mother left and retumed and spent time with his daughter. His + left again and his father stayed another hour. He went home and found her. She had hung mother 7herself out of the second story window. His father is here today because he and his family lost his ‘mother duc to a traumatic event at work that flipped some type of switch and she was lost due to events ‘of May 15. She was used and taken advantage of by Bill Walker who enriched himself and other menibersof DMR. Ttwas not fust the toro lant soqainticns, Willer, Ziegler and Sismete al were indicted. Mr. Hill said they put his mother in the middle of criminal activities. He is here to try to get some justice for his mother. ‘The events were the subject of widespread news. It was not a secret in the community of what ‘was going on with the investigation. His mother was concemed about the publicity. All she wanted to do was keep her family out of the newspaper. Mr. Hill said his mother died before the criminal convictions. Not all were higher ups. Some lower level people were charged with minor crimes but it was mostly high level people charged. Oncross-examination, Mr. Hill testified that his mother’s second admission to the hospital was in July 2012. At that time, they were trying to have her committed, It was necessary for them to go to court to get her discharged from the hospital. ‘The family was uncomfortable with the doctor that wanted to have her committed. From the time she was discharged until the time of her death, his mother seemed to be improving, but now it seems like a tactie on her part not to go back to the hospital. She was due to go back to work on August 20, She seemed happier. ‘She was intelligent enough to know what she had to do but was not in a state to make a rational but was intelligent enough to carry it out if she made the decision. Jennifer Hill Rivers testified that she is the daughter of Michaela Hill. Ms. Rivers is 35 years old and is expecting a child in October. Ms. Rivers testified that her mother was a loving individual. She was strict but would do anything for ther and gave them sound advice 8Ms. Rivers said that her perception of her mother changed in mid-May and explained it was like a light a switch went off. She was like a stranger. Ms, Rivers said she was not able to talk with her mother too much about why she was not the same person. Her mother told her things were wrong at work and she did not know what to do, Ms. Rivers testified that within a three month period, her mother was not acting normal and ‘was asking questions that she already knew, like where she worked. Ms. Rivers said she was involved in her mother’s medical treatment on May 18'and helped in getting her admitted. Her mother asked her to come and get her from the hospital. On the day of her mother’s death, Ms. Rivers went to a wedding and told her mother she would be back later that night. The loss of her mother has changed her, She used to be happy. She is more jaded these days and more saddened, She lost her best friend that she spoke to every day. Ms. Rivers testified that her father is not the same person and has been broken down by other people and greed. The family used to be very close and that has ended with the extended family. The anchor of the family is gone. On cross-examination, Ms. Rivers testified that she spoke with her mother on the morning of the August 18. They all had dinner with her on August 17. Her mother was quiet that night. She would talk but would give very short answers. Her mother was one of the smartest people she had ever met. Between the time she was released from the hospital to her death, Ms. Rivers said she saw her mother five to six times and her state of mind was the same. Things were a little clearer after she was discharged from the hospital the second time but nothing really made sense. She seemed more rational of what could be expected but not the same as before.Ken Hill ‘After his wife’s death, Dan Kenneth Hill, Jr. (Ken) retired from AT&T, where he worked as asupervisorand a heavy cable lineman. Mr. Hill testified that he met his wife, Michaela, in 1976 at Biloxi High School. They married in 1977 and had two children, The family was very close, a strict, but loving family that did everything together, attending events their children were involved in, {In 1999, his wife went to work at the Department of Marine Resources (DMR) as an assistant and worked her way up. She managed projects and worked as an assistant to the director, Bill Walker, from the time Mr. Walker began working there in 2002. (On May 15, 2012, his wife went to a meeting at work and that night he could tell a grave difference in her personality. She was guarded and tearful. That night they talked and went to bed. ‘She did not go back to work the next day which was unusual. She was too distraught. Her demeanor ‘got worse. The family had to intervene. On May 17, they went out to eat and the next day she took an overdose of Lortab and she was hospitalized at Gulf Oaks Hospital for about a week, Mr. Hill testified that his wife was scared to death, panicky and withdrawn. His wife was released from the hospital and deteriorated. She was readmitted to the hospital in July. His wife thought everything was bugged and that people were out to get her. Mr. Hill said his wife was in the hospital until she ran up her days and it was time for her to move on. A hearing was held before a judge. ‘The judge asked questions and he determined she should be released from the hospital. She received outpatient care from Dr. Cook. His wife was on FMLA (Family Medical Leave Act) from her job and was due back on August 20, 2012. The weekend before she was due back, the family went out to dinner on August 17. On ."s house to see the grandchildren and said she would be back. She came ‘August 18, she went to her son’ 10back to see Madison, another grandchild. She said she was going to do some shopping. She left and that was the last time Mr. Hill said he saw his wife alive. Mr. Hill said he drove up to the house and everything was quiet. When he went upstairs he saw a cord hanging out the window and saw her hanging there. He called the emergency people. There was nothing they could do. ‘Mr. Hill testified that wife had opened up that she was upset that she had been used at work to buy properties that were illegal. She felt there was no way she could correct the problem. She felt hopeless and felt the family name would be ruined. She wanted to protect the family name. She provided this information to the medical providers. Mr. Hill observed his wife's mind getting worse; she thought everything was bugged; she would only talk in the pick up truck; she was not eating. She had started bathing but she was very negative, She had no history of mental problems before this. He has known her since 1976. Mr. Hill identified Exhibit 9 as the funeral invoice which he paid in the amount of $8,681.00. He paid it with a check. Mr. Hill identified Exhibit 2 as the memory card that the funeral home prepared with information about Michaela, He attended the funeral. It was a very large funeral. “There were many people there. He had to extend the time for visitation. There were people there from DMR. DMR escorted the funeral procession. ‘Mr. Hill identified Exhibit 5 as his wife's W-2 for 2010. Her salary was $53,359.14. He could not find her 2011 W-2. Her social security wages were $64,635.72. She continued in the same position until the time of her death, She had been given a raise and her salary was higher, Mr. Hill testified that he was aware ofa property transaction involving Ms. Shumate. Mr. Hill testified that his wife was very concerned about the process the property had gone through because it itt‘was irregular. She was affaid of the affect it would have on her. Mr. Hill agreed with what Matt said earlier in his testimony. Mr. Hill testified that he is here because he lost his wife in August 2012 due to what she perceived to be trouble she was in due to transactions she was involved in. She was afraid the family name would be involved. Walker, Shumate and Ziegler were all convicted of criminal activity. There has been no justice for his wife. ‘Mr. Hill testified that the loss affected him, and he is not the same person he was before her st the world, They had a loving, suicide, He lost his best friend. It was always him and her ag intimate relationship. They were a cute, lively couple, They enjoyed each others company. Itis a lonely feeling to know this should not have taken place. He takes heavy medication and sees doctors once a week. On cross-examination, Mr. Hill testified that he has not remarried nor has he become engaged since his wife’s death. In relation to his wife's hospitalization, Mr. Hill testified that he had to go to Court to get her released from the hospital. Gulf Oaks Hospital wanted to admit her to Whitfield. They thought it was better to go another route. Dr. Burt cut her loose. ‘She treated under Dr. Cook. Mr. Hill said he had a discussion with Dr. Burt that some of his wife’s medication may be causing part of her condition. She was making progress under Dr. Cook. His wife was interested in retuming to work and she had expressed that to Dr. Cook as well. Mr. Hill testified that when they went to dinner on August 17 they were celebrating his mother’s birthday. His wife ate but was quiet and was not acting normal. He had a short conversa with her on the morning of her death. Visiting with family and going shopping would have been. 12.s. Mr. Hill said he notified Dr, Cook’s office after her death. He does not remember typieal act telling them that his wife seemed fine at home. SUMMARY OF MEDICAL EVIDENCE Center Michaela Marie Hill was admitted to Biloxi Regional Medical Center on May 18, 2012, after ing an overdose of Lortab. Ms. Hill worked for the Department of Marine Reinforces (DMR) as ‘staff officer and was under investigation. She was not specific but said something was going on at work and she was being audited. Ms. Hill was very stressed and felt trapped. She could not sleep, waking every hour, and this had been going on for the last six months. Ms. Hill felt hopeless, overwhelmed, and worthless. She hed thoughts about work and how she was not going to be able to get out of this problem. She did not sleep at all last night. On May 17, 2012, she had some left over Lortabs from dental surgery and swallowed them all. She began throwing up and told her husband that she was trying to kill herself, so he brought her to the emergency room and then was sent to Biloxi Regional Medical Center. ‘Ms. Hill reported that she had never been hospitalized. She said she had some old Xanax but did not take any medication regularly. She had never been on an antidepressant and had never attempted suicide before this attempt. Ms. Hill was described as intelligent, in good physical health ‘and had the support of her family. ‘The medical records described Ms. Hill as very flat, depressed, anxious, with decreased energy, slow speech, rumi 16 thoughts, and continued suicidal thoughts. She said she wanted all this to be over and denied homicidal thoughts. Ms. Hill’s anxiety level was moderate, her sleep poor, appetite fair, ability to concentrate impaired, she had limited insight, poor judgment and was impulsive. She ‘was diagnosed with severe major depressive disorder. ‘The plan was for Ms. Hill o be admitted and 13get some psychological testing and clarify her legal issues. She was prescribed Pristiq. She was also prescribed Trazodone for sleep as Ambien did nothing. ‘On May 21, 2012, Ms. Hill was evaluated for inpatient psychiatric treatment by Dr. Angela level of psychological functioning as well as personality traits that may Burt, who assessed Ms. be contributing to her hospitalization. Psychological testing revealed she was an alert, attentive individual who tracked conversation adequately. She was oriented to person, place, time and situation. She reported her mood as depressed. Her affect was appropriate to verbal content and context. Memory functions were grossly intact with respect to immediate and remote recall of events and factual information. She denied current suicidal ideation, Her insight was limited and her judgment functional. “The results of the evaluation: Beck Depression Inventory - II: Ms. Hill reported significant symptoms of depression; she endorsed suicidal ideation; she was agitated and iritable. She bas lost interest in activities and is very sad and pessimistic. The amount of depression, pessimism and suicidal ideation noted may place her at increased for self-harm. Sentence Completion Test - Adult Form: Ms. Hill reported that a part of her wants to go back jn time. Her biggest problem is work. She said she is a Joner and others do not like it that she is standoffish. She feels bad about herself right now and being alone is difficult for her. Personality Assessment Inventory for Adults: Ms, Hill produced a valid profileand her clinical profile suggests she is experiencing significant tension, unhappiness, and pessimism. She is quite stressed and acutely aware of her need for help. She is reporting significant depression. She is plagued by thoughts of worthlessness, hopelessness, and personal failure. She admits openly to feelings of sadness and a loss of interest in normal activities. She also may be experiencing some 4anxiety. She may have a history of involvement in intense and volatile relationships. She appears to be prone to being self-critical and pessimistic. She is endorsing intense and recurrent suicidal ideation. Onthe basis of the psychological evaluation, claimant’s diagnosis is major depressive disorder, severe, ial problems. without psychosis, single episode and voc It. was recommended that Ms. Hill follow the directions of her psychiatrist, Dr. Burt, upon discharge, and it was noted that she could remain at a fairly significant risk at this time for suicidal behavior after discharge. It was noted that Ms. Hill apparently has some ongoing legal issues at work ‘and until her stressor is resolved, she may stay at a higher risk. Ms. Hill was encouraged to speak to ‘a therapist on an outpatient basis so she could talk about her issues. She was also encouraged to stay in close contact with her attomey. On July 17,2012, Ms. Hill presented to Biloxi Regional Medical Center witha chief complaint of paranoia. She was guarded and would not make eye contact and wore glasses. She was currently prescribed Pristiq and Restoril. She was assessed with psychosis and a urinary tract infection and given Cipro. Dr. Paul Matherne said he would attempt to examine her again in the morning as she refused an exam and said she wanted to see her husband before being evaluated. Dr. Burt reported that Ms. Hill seemed to be doing better after her hospitalization in May 2012, but she became very agitated and paranoid, talking ofa conspiracy between her husband, AT&T and her employers and she became vocal about this, calling people and telling them not to talk to people. Ms. Hill would only speak with her husband while in their car because she said everything was bugged. She was very agitated and her husband has not been able to control her. This is a new symptom. Ms. Hill was very angry and her husband said that she has a few moments of elarity but the rest of the time she thinks everybody is really an agent. Her husband explained that she is worried that someone is investigating her at work but there is actually no evidence that this is going on. She met 15«with an attomey who also told her she had nothing to worry about. For the last year and a half, Ms. Hill has had some paranoia and believes that she is being investigated and now it is becoming more clearto her what is really going on. Ms. Hill refused antipsychotics and an MRI of her brain. Ms. Hill was on leave from work and residing with her husband. It was noted that Ms. Hill was agitated, paranoid, anxious, psychotic, and had increased energy. She was also angry and her speech slowed. She was not sleeping well, her ability to concentrate was impaired, but not currently suicidal or homicidal, She had limited insight, poor judgment and could be impulsive. Ms. Hill was diagnosed with psychosis, and schizophrenia was ruled out. Ms. Hill should be committed. She went to a. commitment (On July 25, 2016, Ms. Hill was feeling better but still paran hearing and was released from the commitment. The family did not want her committed. ‘Ms. Hill was much less paranoid and was doing better but she still had some paranoia and stil had a very flat affect but appeared to be thought blocking, She would ask the same question again and again. An MRI was performed on July 24, 2016 because of the psychosis but the results were not ‘back yet at the time of dictation. Ms. Hill was doing better on Zprexa but the court released her and she was discharged on July 25, 2012. Ms. Hill may follow up with the partial hospitalization program. Dr. Burt stated that she would not take her back as a patient as the family blamed her for Ms. Hill's psychosis, unreasonably, saying thatthe Pristiq caused the psychosis. Dr. Bur said Ms, Hill was not adherent to her treatment plan by signing out against medical advice, so she should follow up with another psychiatrist in the area. Dr. Gerald OBrien, Jr. Dr. Gerald O’Brien, Jr. gave deposition testimony on September 1, 2016 and testified at the September 29, 2016 hearing. Dr. O’Brien is a forensic psychologist who specializes in clinical and forensic work with an office located in Flowood, Mississippi. Dr. O’Brien has a doctorate from the 16University of Louisville in clinical psychology and has been licensed in Mississippi since 1977. Over the course of his career, he has performed clinical and consulting work with mental health agencies. He began performing forensie work in 1989 or 1990. He has experience with erimi He is on the board of directors at Association for Boards of Psychology in North America. He is not board certified nationally. Dr. O”Brien testified that he charges $300 per hour, except in depositions or trial, then he charges $325 per hour. Dr. O’Brien testified that he became involved in this case when Ms. Persons, attorney for Ms. Hill's survivors, contacted him. He met with Ms. Hill’s family and inspected the property where her death occurred. Michaela Hill’s death certificate! states she died on August 18,2012 of an apparent suicide and the cause of death was “asphyxia” due to “hanging,” Dr. OBrien testified that he has not spoken with anyone from the Department of Marine Resources (DMR). Dr. O’Brien reviewed Ms. Hill's medical records provided to him, public reports of what happened to Bill Walker and his co- defendants, and documents related to criminal charges against Bill Walker. Ms. Hill’s family revealed to Dr. O’Brien that she was in a usual state of health with no psychological difficul until a staff meeting at work in May 2012, where she learned she may be implicated criminally. Ms. Hill walked off the job after learning that she was being targeted and blamed for things she was directed to do by her superiors, often under protest, which included 's. Ms, Hill felta fear of shame and disgrace. She took an overdose questionable real estate transact of Lortab, She was later diagnosed with severe depression. Dr. O’Brien testified that he discussed with family members activities on the days and hours preceding her suicide and her family members indicated that her activities were no indicator of imminent suicide; however, her family members did "Exhibit 1 7mention that she was paranoid. On the morning of her suicide, she went to her son's house to visit her granddaughter, and her son thought she was looking better physically. Jennifer Hill, her daughter, described her mother’s personality and intellect. Her husband and son described Ms. Hill as efficient, sensible, and logical who had done this kind of work for years. Dr. O'Brien testified that information from the family, from doctors’ notes and records, information regarding Mr. Walker and his co-defendants’ activities indicated to him that Ms. Hill’s ‘work situation was difficult at that time. The DMR May 2012 staff meeting was discussed with her doctors and several family members. Dr. O’Brien said there was a sense that at the staff meeting Ms. Hill felt like she was being accused of being the person who might end up going to jail. After the staff meeting she picked up her things and left the office that day and subsequently contacted her attorney and then took an overdose. Dr. O’Brien testified that the events that led to Ms. Hill’s first suicide attempt, the investigation, and the meetings were the precipitant for her unsuccessful attempted suicide and successful suicide and led to her mental status diagnoses. Dr. O’Brien reviewed Ms. Hill’s records from her May 18, 2012 admission to Gulf Oaks Hospital after the first suicide attempt where she was evaluated by psychiatrists, Dr. Burt and Dr. eater. Ms. Hill had no previous history of psychological/psychiatric disorders. On May 28, 2012, upon Ms. Hill's discharge, it was noted in Dr. Teater’s records that Ms. Hill could remain a suicide risk after her hospitalization until the stressor, referring to the ongoing workplace issues, was resolved. Dr. O'Brien testified that he had no reason to disagree with Dr. Teater’s records. Ms. Hill began seeing Dr. Elizabeth Koch, a clinical psychologist, after her hospitalization, on an outpatient basis for work stress and related legal issues. Dr. Koch took Ms. Hill off work in June 2012 and filled out PMLA paperwork on June 14, 2012. 18Dr, O’Brien testified that during Ms. Hill's second hospitalization at Gulf Oaks Hospital on July 17, she was diagnosed with psychosis, which is somewhat different than her depressive diagnosis. Dr. Burt said she was paranoid, and Ms. Hill felt there was some large conspiracy primarily involving her employer, other people and events. Dr. Burt prescribed an antipsychotic medication, Ms. Hill had brain scan because she was wondering if there was some organic cause for her mental problems. Dr. Burt said that Ms. Hill should be civilly committed to the state hospital, and Ms. Hill went before a Chancery Court Judge but he was not convinced she needed to be sent to the state hospital. Ms. Hill's family did not like the way she was being treated in the hospital. Dr. O°Brien testified that there was apparently a dispute between Mr. Hill and Dr. Burt about the antidepressant medication called Pristq. Mr. Hill felt Pristiq was actually causing her problems and they changed her medication. Because of the dispute and the fact that Ms. Hill did not want to stay in the hospital, Dr. Burt discharged her. Ms. Hill’s chart from the hospital stated that she left against medical advice. Dr. O’Brien testified that it ‘was clear from Dr. Burt’s notes that she thought Ms. Hill was psychotic and delusional. Dr. O’Brien testified that he did not see a report from Dr. Schaeffer, but Dr. Burt transferred Ms. Hill’s care to Dr. ‘Schaeffer. Dr. Elizabeth Koch, Ms. Hill’s psychologist, released her to return to work shortly before her suicide. Dr. Koch’s last report of Ms. Hill dated August 6 states that she was resting better, less anxious and more calm and her cloudiness was improving. Dr. Koch’s report also mentioned to schedule a psychological evaluation with Dr. ‘Schaeffer, a psychiatrist, after he returned from: ‘vacation the following week. Dr. O’Brien testified that Ms. Hill’s second attempted suicide was, unfortunately, successful. Dr. O'Brien explained that Ms. Hill ‘had taken some sort of cord and tied it around a file cabinet, ‘then tied it around her neck and jumped out the window, which is a more lethal form of suicide. Whether 19the suicide was deliberate or not is really a tough question but did involve thinking through the final parts, Dr. O’Brien testified that Ms. Hill was delusional and if Dr. Burt's diagnosis was correct, then Ms. Hill’s act could have come out of a delusion as ‘opposed to being a well thought out sensible, logical act, but he ean not say it probably was. Dr. O°Brien testified that we do not know what Ms. Hill's thought process was; we know what she actually did; we do not know how she got there. Dr. O’Brien testified that in his opinion, as stated in his report, her suicide was the proximate result of her assigned work duties, investigation of wrongdoing, a lack of clear or reliable information about the progress of legal action which led to her mental status, which led to her suicide, but there is no indication in any of the records of how long it had been going on. He did get information from her husband or som that she had done some things for her boss, which, in retrospect, she figured might not be legitimate and she might be blamed for it and that was about as far as it went. She felt she would be unfairly blamed, but he saw no evidence that she was actually the target of the investigation or that she was about to be indicted or charged, He saw no other evidence of any other potential stressors in her life. Dr. O’Brien opined that based on the review of the documents, visits withthe family, visit to the place the suicide occurred and testimony today and toa reasonable degree of medical probability, Ms. Hill’s psychological symptoms and eventual suicide were related to her work. Ms. Hill had no history of previous psychological issues. Ms. Hill found herself in an untenable situation and felt she ‘She snapped and became depressed. She apparently got better, but may would end up going to j have been considering suicide all along. Dr. O’Brien testified that itis possible for someone to intend to carry outa suicide. There was a serious psychological disorder and perhaps a psychotic state. Dr. Burt thought she was paranoid, delusional, and impulsive and reported that this is how suicides ean happen. 20Dr. O’Brien opined that Ms. Hill was delusional, impulsive, and in a distressed state of mind and the suicide was not intentional. Ms. Hill still had some stressors even though she was not going, to the office every day. Dr. O’Brien could not say Ms. Hill was delusional or paranoid toa reasonable degree of certainty. Dr. O’Brien testified that he could not agree that the suicide was intentional because of the method of her suicide, together with the report that she was fine at home, and because ‘we do not know how much planning was involved. She was described as intelligent. If she decided when she visited her family to end her life there was some time to change her mind. There was no indication she had made up her mind to end her life when she visited her family that day. Dr. O’Brien testified that initially he reviewed approximately fifty pages of records but at some point reviewed all the records. Dr. O*Brien does not know what documents he had read when he issued his report, but his opinion did not change upon secing additional records. D OBrien report dated February 5, 2015 Dr. Gerald O'Brien issued a report in relation to Michaela Hill on February 5, 2015. Dr. O’Brien reported that Ms. Hill contacted her attorney, Kaye Persons, on May 16, 2012, and she was ‘extremely upset about problems at her job at DMR, where she worked directly for Executive Director Bill Walker. Ms. Hill was admitted to Gulf Oaks Hospital on May 18, 2012, She was very stressed, not sleeping, feeling hopeless and overwhelmed. Dr. Julie Teater administered psychological testing and results show she was severely depressed, had suicidal thinking and acknowledged work and related legal issues were her biggest problems. Dr. Teater indicated that Ms. Hill could remain a suicidal risk after hospitalization and recommended outpatient treatment and medication. Ms. Hill was discharged from the hospital on May 28, 2012. aMs. Hill also treated with Dr. Elizabeth Koch as an outpatient beginning May 30, 2012. Ms. Hill indicated she was having problems with depression and anxiety related to work. She was taking Pristiq and Buspar prescribed by Dr. Burt. After three sessions and on June 14, 2012, Dr. Koch diagnosed her with major depressive episode with symptoms of dysphoria, anhedonia, suicidal ideation, agitation, anxiety, insomnia, fatigue, concentration impairment, indecision, iritability, and lack of appetite. Dr. Koch completed an FMLA form and opined that Ms. Hill was unable to perform her usual work duties and her disability would continue for at least three months. In July 2012, Ms. Hill became paranoid regarding work issues and was briefly hospitalized by Dr. Burt, but left against medical advice. Dr. Burt terminated her as a patient and referred her to Dr. Phillip Schaeffer for medication follow-up. Claimant asked Dr. Koch about returning to work and she advised her that she needed time to adjust to her medications and for her paranoid thinking to abate. Ms. Hill reportedly refused to consider inpatient treatment of any kind. Dr. Koch noted that ‘on August 6, 2012, she reported she was sleeping better, feeling calmer and her cloudiness was better. ‘On August 18,2012, Michaela Hill committed suicide, Ms. Hill had been expected to be back at work on Monday, August 20, 2012, after her extended medical leave. Ms. Hill’s husband believes that his wife was used and abused by her employer and that she was concerned that she would take the fall for all the wrongdoing at DMR. Ms. Hill had previously complained to the Mississippi Attomey General’s Office about her stressful work situation related to the ongoing investigation, but apparently no action was taken. Dr. OBrien spoke with Ms. Hill’s son, Matt Hill, who also works at DMR but in a different department. Matt was aware of the May 15, 2012 staff meeting at DMR. After the meeting, Michaela Hill reportedly picked up her belongings and left the office with no plan to return. Her first suicide attempt was the following Friday. Ms. Hill’s daughter described her mother as intelligent, tough, and 2logical, but in the months prior to her death, she seemed like a different person, a stranger, like somebody tuned a switch. Dr. O’Brien reviewed notes of Michaela Hill’s sister, Gina Sabbatini, who said that Ms. Hill had visited with her several times prior to her first suicide attempt and she was agitated at that time. Ms. Sabbatini said her sister complained that DMR was doing things with the paperwork that were not right and she had questioned and complained about these activities and she also said she had been threatened by Bill Walker. Dr. O’Brien reported that the records indicated that several months prior to her death, Ms. Hill ‘was concerned about suspicious and possible illegal activities at her workplace, centering on her boss ‘and others. It was clear to her that she would be blamed and possibly prosecuted for these activities, despite her lack of intent and her continuing questions and complaints. Dr. O’Brien reported that based on the information available to him, “it is my opinion to a reasonable degree of psychological certainty that Michaela Hill’s death by suicide was the proximate result of her assigned work duties, investigation of wrongdoing at DMR, and lack of clear or reliable information about the progress of related legal and civil action.” Dr. O”Brien reported that as a result, Michacla Hill developed major depression with no previous history of psychological or psychiatric treatment, which included dysphoria, anhedonia, suicidal ideation, agitation, anxiety, insomnia, fatigue, concentration impairment, indecision, irritability and lack of appetite. Ms. Hill was judged to be unable to work by her doctors while treatment continued. Dr. OBrien stated, “It is significant her death came only two days before she was scheduled to return to work.” Elizabeth PhD On May 30,2012, Michaela Hill presented to Dr. Elizabeth Koch forher first consultation and complained of anxiety and depression related to work stress and audit of funds. She had legal representation. Her medications of Pritiq and Buspar were helping somewhat and were prescribed 23