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Li, Yong

Bd # 04286804

BOARD #: 04286804 DEPARTMENT OF INDUSTRIAL ACCIDENTS


DIVISION OF DISPUTE RESOLUTION
WORCESTER, MASSACHUSETTS

Yong Li Employee
Raytheon Company Employer
Raytheon Company Insurer

DECISION OF THE ADMINISTRATIVE JUDGE OF THE DEPARTMENT


OF INDUSTRIAL ACCIDENTS
JUDGE WILLIAM CONSTANTINO JR

The Administrative Judge of the Department of Industrial Accidents having presided in


the above-entitled matter under the provisions of General Laws, Chapter 152, reports as
follows:

APPEARANCES: Richard D. Surrette Esq, for the Employee


Joseph Buckley Esq, for Insurer

WITNESSES: Yong Li, Employee


Yingjie Agal
Interpreter: Joy Cy; Yongjie Abel
Jen Lewis, called by the Insurer
Stephanie Kolenski, called by the Insurer
Art Builing, called by the Insurer
John Didio, called by the Insurer

EXHIBITS: 1. Impartial Medical Exhibit, Bennett D. Aspel, M.D.,


February 18, 2006
2. Employee Biographical Exhibit
3. Insurer Issue Exhibit
4. Notice of Lien
5. Motion for Additional Medical Evidence

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PROCEDURAL MATTERS

A. CONFERENCE AND APPEAL

The claim in this matter was not accepted and it came on for conference

under §10A of the Act on September 29, 2005. An Order filed on October 7,

2005 denied payment on the employee’s claim. The employee’s appeal was

before me for hearing de novo at Worcester, Massachusetts on November 20,

2006, January 17, 2006, February 12 and March 6, 2007.

B. EMPLOYEE CLAIM

The Employee’s claims are as follows:

Section 34, temporary total incapacity benefits from September 4, 2004

to date and continuing.

Section 35, partial incapacity benefits from September 4, 2004 to date

and continuing.

Section 13 & 30 benefits;

Section 36, permanent injury benefits; (Reserved)

Section 50, appropriate interest;

Section 13A Counsel Fee

C. THE INSURERES/EMPLOYER COMPLAINT DEFENSE

The Insurer raised the following issues:

Liability, denies occurrence of an industrial injury;

Disability, and extent of incapacity;

Causal Relationship;

Deny entitlement to §13 & §30 benefits;

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Deny entitlement to §36;

Application of §1(7)(A), pre-existing condition, predominant

contributory cause, bona fide personnel action.

Section 29;

Section 46A.

D. IMPARTIAL/MEDICAL REPORT

1. Additional medical testimony was authorized due to the inadequacy of the

report of Dr. Bennett Aspel and the complexity of the medical issues involved.

E. DEPOSITIONS AND MEDICAL EVIDENCE

The parties were granted permission to submit the following medical

evidence in lieu of testimony at the Hearing:

Employee: Mark Cutler, M.D. report

Insurer: Julie Reade, M.D. report


Michael Annunziata, M.D. report

F. STIPULATIONS

1. To an average weekly wage of $1,540.00

2. To Employer – Employee Relationship

3. Two (2) Dependents

G. MOTIONS

I have allowed a motion for the submission of additional medical evidence.

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H. ISSUES IN CONTROVERSY

1. Liability

2. Causation

3. Disability

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JUDGES DECISION

After hearing the testimony and examining the exhibits, I find as follows:

SUBSIDIARY FINDINGS OF FACT

1. THE EMPLOYEE

Yong Li, is forty-three years of age. She is a native of China. Ms. Li was

educated in China where she attained a B.A. degree in Meteorology and a

Master’s Degree in Geophysics. After receiving her degrees in China, Ms. Li and

her husband immigrated to England where they lived for seven years. In England,

Ms. Li and her husband were recruited by Raytheon Corporation to work in the

U.S.A., and she began her employment at Raytheon in January of 1998. At

Raytheon, Ms. Li worked in date management and software development and as a

software engineer at the Raytheon facility in Marlborough. Ms. Li and her

husband separated in September, 2006. Yong Li resides in Sudbury. She is

presently receiving long-term disability insurance and social security disability

benefits.

2. THE ALLEGED INDUSTRIAL INJURY

Yong Li alleges that she sustained an emotional disability and personal injury

that arose out of and in the course of her employment at Raytheon Company on or

about September 1, 2004.

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3. MEDICAL TREATMENT

Yong Li’s initial treatment was on September 14, 2004 with a psychiatrist,

Yiangyang Li. Since that date, Yong Li has been treating with Dr. Yiangyang Li

on a regular basis about every two weeks. Dr. Yianyang Li has treated Ms. Yong

Li with a variety of psychotropic medications, including Lexapro, Risperdal,

Zoloft, Abilify and Prozac. In March, 2006, Ms. Li was hospitalized two days in

Natick Hospital and twelve days in Marlborough Hospital. In July, 2006 Ms. Li

was hospitalized at Emerson Hospital in Concord. Presently, Yong Li takes

Prozac medication in the morning and Lexapro medication at night.

4. MEDICAL OPINION MEDICAL TREATMENT

Bennet Aspel, M.D. – February 18, 2006

Dr. Aspel, a psychiatrist, conducted an impartial examination of Yong Li on

February 18, 2006. Dr. Aspel indicates that Yong Li’s history at Raytheon is

confusing, perhaps due to the language barrier. Dr. Aspel made a diagnosis of major

depressive episode with psychotic features. Dr. Aspel declares that Ms. Li is totally

disabled at the time of the impartial examination. He declares that her focus problems

made work impossible. Regarding causal connection, Dr. Aspel reports,

“Causal Connection;

Ms. Li has no prior history before working at Raytheon. For unclear reasons,

she felt not respected at work. Lack of providing a good translator to help her with

her management difficulties clearly added to her stress and the possibility of

“paranoid interpretations.” Her employer is partly responsible for exacerbating her

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condition but her assignment of ten months to Virginia and biologic factors also play

a part.”

Julie Reade, M.D.

Dr. Reade, a psychiatrist, evaluated Ms. Li on behalf if the self-insurer on

October 7, 2004. According to Dr. Reade, Yong Li has a history of interpersonal

conflicts, mostly with female co-workers and supervisors.

Dr. Reade explains that:

“Ms. Li has shown herself to be exquisitely seninitive to criticism and prone to

“blowing things out of proportion” when upset or dissatisfied. Her co-workers have

noted that she has s ‘strong personality,’ and is ‘opinionated.’ When dissatisfied or

upset, Ms. Li has not addressed her concerns with supervisors directly, and instead

has tried to enlist the aid of perceived allies, which has had the effect of creating a

divisive situation within the team. Ms. Li has also had some difficulty expressing

herself (and understanding others) in English, a second language for her, and

concerns were raised that some of her interpersonal problems might be exacerbated

by a language or cultural barrier.”

Dr. Reade states that :”Ms. Li’s mood was anxious and her affect was intense

and constricted. Her thought was concrete and mostly logical, except when discussing

her beliefs regarding Jen Lewis and various supervisors. At those times, Ms. Li had a

fixed, paranoid quality to her thinking. She repeatedly herself as a victim, even when

confronted with her inflammatory emails and asked about the alarm she had

engendered in others. Ms. Li denied any suicidal or homicidal ideation. She reported

chronic initial insomnia, but denies other neurovegetative symptoms of depression

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mania. Cognitively, Ms. Li was alert and oriented. Her insight was poor and her

judgment was fair.

Based on the information available to me, it is my opinion that Ms. Li suffers

from an untreated mental illness and/or a severe personality disorder. Because of her

guardedness in the interview, her lack of insight, and her refusal to let me speak to her

husband independently, it is difficult to determine more precisely what is the basis for

Ms. Li’s current difficulties functioning at work.

Given her fixed belief that various supervisors are actively plotting against her

life, and that Jen Lewis can “influence” others to murder her, Ms. Li appears to be

suffering from a psychotic-level disorder. The differential diagnosis includes a

paranoid delusional disorder, a depressive disorder with psychotic features, or a

mixed personality disorder with paranoid features. (It also appears that Ms. Li’s many

interpersonal difficulties at work are compounded by her limited command of

English.) It is also possible that Ms. Li suffers from an acute mental illness that is

superimposed on longstanding, maladaptive personality traits. She denied the

presence of medical conditions. She also denied the presence of any other stressors in

her life.

Ms. Li is entirely lacking in insight regarding her own behavior or its effects

on others. She is unyielding in her conviction that she had been repeatedly singled out

for persecution by “pretty” women at Raytheon, and that she has been in mortal

danger during her tenure at Raytheon. She views her angry and threatening emails as

necessary and justified actions to protect herself.”

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Michael Annunziata, M.D.

Dr. Annunziata is a psychiatrist, and he evaluated Ms. Yong Li on behalf of the

self-insurer in August 2005 and then again in January 31, 2007. Dr. Annunziata, in his

report of February 2007, mentions that Yong Li spends much of her time pondering,

preparing documents and studying her various cases against Raytheon. Dr. Annunziata

asserts that:

“It is immediately evident that Mrs. Li intensely involved in her attempt to obtain

justice for perceived mistreatment when she worked for Raytheon Company. Mrs. Li is

involved with various aspects of the litigation on a daily basis. She told me that she had

dealt with notices of attorney appearances and studied various documents over the week,

prior to this evaluation. She remains adamant in her assertion that she was the victim of

discrimination and was traumatized by the situation at Raytheon. She frequently referes

to “flashbacks” which seems to be memories of incidents at Raytheon.”

Dr. Annunziata declares that Yong Li: “Was oriented to time, place and person.

Mood was described as sad and hopeless. She said that she cries often but not daily. She

also reports feeling angry and overwhelmed, at times. Affect was appropriate and not

labile. There was no evidence of visual or auditory hallucinations. Ideas regarding being

mistreated and having her life threatened at Raytheon are persistent. The intensity of her

belief in these ideas remains strong. Intellectual functioning is not impaired. Memory is

intact, with respect to immediate recall recent memory and remove memory. Standard

testing of concentration and of attention span was within normal limits. The

preoccupation with her perception of threats and danger at Raytheon Company is

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indicative of a defect in judgment, due to a thought disorder. This documented in

previous psychiatric reports.”

Dr. Annunziata reports that, “In my opinion, based on the history, psychiatric

examinations and review of the medical records, that Mrs. Yong Li remains disable for

work, due to a psychiatric disorder. The most likely diagnosis is Major Depressive

Disorder with psychotic features. DSM-IV-TR 296.24. However, a diagnosis of

Delusional Disorder must also be considered, particularly in view of the persistent and

fixed belief of life-threatening danger at Raytheon. As previously stated in my report of

September 7, 2005, there is no substantial evidence to support the diagnosis of

posttraumatic stress disorder, since there is no event which rises to the level required for

the diagnosis, and since the symptoms are not consistent with the diagnosis. With respect

to the cause of the psychiatric disorder and disability, there is no substantial evidence to

indicate that conditions of Mrs. Li’s job with Raytheon Company were the predominant

contributing cause. Although depressive disorders are usually quite treatable, the length

of Mrs. Li’s disorder and disability is a poor prognostic sign. Her mental state appears

quite similar to that which was observed in August of 2005.”

Mark Cutler, M.D.

Doctor Cutler is a psychiatrist who evaluated Ms. Li on March 20, 2007. Doctor

Cutler states that Ms. Li, “had a very bad experience on 8/3/04 with a man from the

Employee Assistance Program whom she was asked to see by the Human Relations

Department. She stated she was fearful for her life. She stated that her problems with

Raytheon had begun in 2001 when an employee confronted her at a meeting.”

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Doctor Cutler mentions that Ms. Li, “has seen Dr. Xian Gyuang Li every

month or so for medication management and sees Dr. Xing every other week to talk.

The patient remains very fearful, is unable to concentrate very well, spends her days

thinking about the lawsuit and also working on the internet.”

Doctor Cutler also remarks that “Ms. Li never saw a psychiatrist in China, and

that there is no history in her family of psychiatric or substance disorders.”

Doctor Cutler reports that Ms. Li required her husband to be present at her

evaluation as Ms. Li felt unsafe with him, and he states, “Her mood and affect were

bland and constricted. She was not loosely associating, not hallucinating, exhibited no

thought disorder, and no pressured speech. She exhibited a great deal of paranoid

ideation, referential thinking, and delusional thinking. She states she has had suicidal

ideation but has no specific plan.

Diagnoses:

Axis I: Major depressive disorder.


Axis II: Personality disorder, NOS with paranoid features.
Axis III: None.
Axis IV: 4, Perceived lack of accommodation and verbal attack at Raytheon
Corporation.
Axis V: Global Assessment of Functioning = 40.”

It is the medical opinion of Doctor Cutler that, “The patient continues to have

psychiatric symptoms exhibited by paranoid ideation, referential thinking, and

delusional thinking, along with decreased concentration and obsessive preoccupation

with her case against Raytheon which do not allow her to function in any job for

which she is reasonably trained by virtue of her education or job experience.

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Given that the patient had no previous psychiatric history and denied ever

seeing a psychiatrist or mental health professional prior to the episode of 8/3/04 with

the Employee Assistance Program, I can state that the predominant contributing cause

to her current psychiatric disability is the episode of 8/3/04.

Again, a medical end result has not yet been reached. The patient will require

further psychiatric treatment to include psychotherapy and pharmacotherapy.”

5. ADDITIONAL SUBSIDIARY FINDINGS

In 2003, Ms. Li was sent by Raytheon for ten months at a research center in

Langley, Virginia.

Ms. Li has experience both as a scientist and as a computer programmer.

At the time of this haring, Ms. Li was receiving long-term disability benefits

and also social security disability benefits.

Ms. Li never had treatment related to stress or any other psychiatric treatment

prior to August 31, 2004.

Ms. Li never had psychiatric problems growing up in China; she left China at

the age of twenty-five.

Ms. Li never had psychiatric problems while living and working in England.

Ms. Li and her husband had no marital problems prior to the meeting of

August 3, 2004.

Ms. Li states that she lives now to seek justice, with respect to her treatment at

Raytheon.

Ms. Li and Belinda Gunn, a coworker, and Jen Lewis had a disagreement

during a technical discussion in July 2001.

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Ms. Li felt offended at a meeting that was held in July 2001 because her

supervisor, Jen Lewis, criticized Ms. Li for certain e-mails she sent out to coworkers.

At the end of 2002 or beginning of 2003, Ms. Li filed a discrimination

complaint at the Raytheon human resources department alleging that Jen Lewis

discriminated against her because of her Chinese ethnicity. This was prior to her

working in Virginia.

Previously, in March 2002, Ms. Li complained to human resources at

Raytheon that her supervisor, Jen Lewis, discriminated against her because of her

Chinese ethnicity. She also complained that Gayle, her group leader, discriminated

and that Shari Swell discriminated.

An investigation by Raytheon did not support Ms. Li’s allegations. A report of

this investigation is dated January 16, 2003.

Raytheon performed a follow-up investigation pertaining to Ms. Li’s

complaint of discrimination. In July 2003, Raytheon submitted a report of the follow-

up investigation, also not supportive of the discrimination allegation.

When Ms. Li returned from Virginia to the Marlboro facility, on occasion, she

and Ms. Lewis would encounter each other in the hallways or footpaths of the

Marlboro facility. If no one was around when this occurred, Ms. Lewis would stare at

Ms. Li.

These encounters occurred occasionally from January 2004 to August 2004.

On account of the staring of Jen Lewis, Ms. Li sent an e-mail to Art Builing in

the human resources department concerning her safety.

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Ms. Li thought her life would be in danger because of the staring at her by Jen

Lewis.

Ms. Li felt physically threatened by Jen Lewis because of Jen Lewis’ staring

at her.

The first time Jen Lewis stared at Ms. Li was in January 2004.

Most of these staring incidents occurred in June and July 2004.

As of June 2004, Ms. Li and Jen Lewis worked in the same building, and they

would encounter each other more often, about once every two weeks.

According to Ms. Li, when Jen Lewis stared at her, the impression revealed

disgust. To Ms. Li, it was a hard look, a challenging look.

When Ms. Lewis stared at Ms. Li in January 2004, Ms. Li was very nervous,

so that she sent an e-mail to a coworker, Hadoo.

On August 3, 2004, there was a meeting with Ms. Li, Art Builing of the

human resources department, Stephanie Kolenski of the human resources department,

and John Didio, an employment assistance counselor. This meeting lasted

approximately 30 minutes.

Ms. Li was very upset after the meeting with John Didio, the employment

assistance counselor.

On August 30, 2004, Ms. Li sent an e-mail to the CEO of Raytheon alleging

that at the meeting of August 3, 2004 with John Didio she was the victim of mental

torture and that she was being murdered slowly.

The next day, August 31, 2004, Raytheon placed Ms. Li on administrative

leave and requested that she see a physician, Julie Reade, a psychiatrist.

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In July 2004, Ms. Li sent an e-mail to the members of the Raytheon Asian

Pacific Association alleging a conspiracy.

In July 2004, Ms. Li e-mailed Art-Buling at Raytheon human resources using

the word “murder,” as she was afraid that someone would attack her. Ms. Li thought,

in July 2004, when she e-mailed Art Buuling and the Raytheon Asian Pacific

Association, that she was in danger of harm from Jen Lewis, Scott Oglesby, and

another coworker, Mitchell.

At the meeting of August 3, 2004, John Didio asked Ms. Li to sign a

“confidentiality” form. This made Ms. Li upset because she thought “confidential”

was dirty.

The meeting of August 3, 2004 was the first time that Ms. Li complained to

management at Raytheon that Jen Lewis was staring; and this was bothering Ms. Li.

Ms. Li sent e-mails at work because she wanted to get Raytheon’s attention.

In late July or early August 2004, people in the human resources determined that Ms.

Li required some type of help and they contacted the Employee Assistance Program

to help Yong Li.

At the meeting of August 3, 2004, Ms. Li was having difficulty understanding

the concept of “confidentiality.”

I find that after receiving the e-mail of July 2004 from Ms. Li with the word

“murder,” that Mr. Didio was concerned for the safety of the employees in the

Engineering Work Organization at Raytheon.

Mr. Buling was concerned in July and August 2004 that there was a serious

allegation made by Ms. Li, and that she may be in some sort of danger.

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At the meeting of August 3, 2004, Mr. Didio asked Ms. Li if she “wanted to harm

someone or to harm herself.” This question made Ms. Li upset and agitated.

Mr. Didio spoke in a way that would not alarm anyone.

Mr. Didio, Ms. Kolenski and Mr. Didio did their best to make Ms. Li aware that

the meeting of August 3, 2004 was for her safety and her help, but she was confused.

I find that Mr. Didio did not intent to harass Ms. Li, nor did he harass Ms. Li.

Ms. Li experiences flashback of the August 3, 2004 meeting with John Didio.

At times, Ms. Li is emotionally out of control and she throws objects.

Ms. Li has suicidal thoughts.

Since the incident of August 3, 2004, Ms. Li has had emotional problems that

affected her marriage, and now she and her husband have separated.

At the end of August 2004, Ms. Li was having flashbacks and suicidal thoughts.

On August 31, 2004, Ms. Li was placed on paid leave.

On or about August 31, 2004, Ms. Li contacted the office of Doctor Marie Gomez,

her primary care physician, to set up a medical appointment because she was

overwhelmed, experiencing flashbacks and screaming.

Ms. Li’s mental condition has improved somewhat as of November 2005.

Ms. Li states that her paranoia became less and less in November 2005.

Ms. Li sees her psychiatrist, Doctor Xianang Li once every three weeks.

Ms. Li is prescribed Prozac, Lexapro and Respiradol. She only takes the

Respiradol when she feels overwhelmed.

Ms. Li testified that she does not interact with other people unless they speak

Mandarin Chinese.

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It bothered her husband when Ms. Li would scream and throw objects.

Presently, Ms. Li is functioning, working on appeals with the state and federal

courts, drafting appellate briefs, pro se.

Ms. Li works three to five hours a day at her computer pursuant to the litigation

she is involved with regarding her treatment at Raytheon.

Ms. Li testified that, “If the company has to cover up the truth, they have to get

rid of me.”

Ms. Li testified that in December 2004 and January 2005, she felt, “as an

individual against Raythoen is like an individual against the entire Mafia.”

In December 2004 and January 2005, Ms. Li was having suicidal thoughts day

and night.

Ms. Li testified that she was concerned that Raytheon was attempting to drive her

insane to cover up their misconduct of her.

Currently, Ms. Li experiences just on flashback a month.

Ms. Li has filed claim with the EEOC with respect to her treatment at Raytheon.

Ms. Li filed claim with the MCAD with respect to her treatment at Raytheon.

Ms. Li filed a complaint in the Massachusetts Courts against Ian Mitchell, Art

Builing and John Didio and Raytheon.

Ms. Li filed a second complaint in the Massachusetts State Court against

Raytheon, Ian Mitchell, Art Builiung, Stephanie Kolenski, Scott Oglesby and Irving

Kooris.

Ms. Li filed a claim against John Didio at the licensing board for social workers.

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Ms. Li filed a complaint in the U.S. District Court against Raytheon, Art

Builing and Ian Mitchell.

Ms. Li has filed a complaint in the U.S. District Court alleging discrimination

against Federal Judge, Richard Stearns.

Ms. Li has filed an appeal of a dismissed U.S. District Court case; that appeal

is before the U.S. Appeals Court, First Circuit.

Ms. Li has filed an appeal of a dismissed State Court case with the

Massachusetts Appeals Court.

6. LEGAL ANALYSIS

I adopt the medical opinion of Doctor Julie Reade. I also adopt the medical

opinion of Doctor Annunziata.

I do not find that events at Raytheon are the predominant cause of Ms. Li’s

emotional disability. With the exception of the incidents of staring by Jen Lewis, I

find that all the events that occurred at Raytheon relative to Yong Li are bona fide

personnel actions.

Based on the forgoing Subsidiary Findings of Fact, and in consideration of the

testimony and evidence presented, including my observation of the Employee, his

demeanor as a witness and judging his veracity as well as taking into account his

education, training and work history, I further find as follows:

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GENERAL FINDINGS

1. LIABILITY

I do not find that the employee sustained a personal injury arising out of and

in the course of employment on or about September 1, 2004 with Raytheon.

WHEREFORE IT IS ORDERED PURSUANT TO M.G.L. CHAPTER 152,


AS AMENDED

1. That the claim be, and hereby is, denied and dismissed.

__________________________
WILLIAM CONSTANTINO JR
Administrative Judge

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