Despite mental health professional’s many mental stresses, jury’s verdict stands

Small dollar cases are a problem because the cost of attorneys’ fees can often dwarf the remaining areas of liability. In addition, pain and suffering damages are a wildcard that makes a case evaluation difficult. But sometimes, as in the following case, the judge and jury are able to figure things out.

Take this new job while still on leave?

Ashley Howell worked for the Department of State Hospitals (DSH) as a temporary pre-licensed psychiatric technician between January 2, 2020, and January 24, 2020. DSH houses patients who are involuntarily committed to medical treatment, including criminal defendants deemed incompetent to stand trial, patients found not guilty by reason of insanity, and offenders with mental disorders, among others. Pre-licensed psychiatric technicians provide nursing and psychiatric care to DSH’s disabled patients and have physical job duties such as crisis intervention and restraining patients who pose a risk to themselves or others.

As part of the hiring process, Howell underwent a pre-employment health screening, which required her to disclose any disorders including those of the nervous system. Although she disclosed having asthma, she responded “no” to all other screening questions. However, she had been previously diagnosed with major depressive disorder and posttraumatic stress disorder following a 2017 sexual assault by a patient inmate while she was working at the California Department of Corrections and Rehabilitation (CDCR). After the assault, she experienced panic attacks with trouble breathing and shortness of breath and went on
medical leave.