GORDON C. COLLINS Petitioner
STATE COMPENSATION INSURANCE FUND Respondent/Insurer for ARCHER'S CASINO Employer.
DECISION AND ORDER GRANTING SUMMARY JUDGMENT
State Compensation Insurance Fund (State Fund), has filed a
Motion For Summary Judgment. The motion has
been fully briefed by both parties and is now ready for
summary judgment motion is based on the pleadings, a
deposition of the petitioner, Gordon C. Collins (Claimant)
and psychological treatment records for claimant. The
psychological records are attached as Exhibit "A"
to an affidavit of the State Fund's attorney. The
affidavit states that "Exhibit 'A' is a true and
accurate copy of all medical records that Affiant possesses
regarding petitioner's claims for compensation."
Claimant does not dispute the authenticity of the records.
separate workers' compensation claims are at issue. Both
arose during claimant's employment by Archer's
Casino, where claimant worked as a bartender. The first claim
arises out of a robbery which occurred at Archer's on
September 29, 1992, at approximately 1:30 a.m. Two
individuals wearing gorilla masks entered Archer's.
Brandishing guns, one of the robbers fired two shots which
narrowly missed the claimant. One of the shots was so close
that it "parted" claimant's hair. The second
shot whizzed past his right ear. Neither shot caused physical
injury to claimant.
their illicit deed, and angry that they netted so little
cash, the robbers tied up claimant and two other employees,
then left. One of the other employees worked his bonds free
in short order and untied the others. Claimant then summoned
the police. Claimant suffered some bumps, bruises and rope
burns to his wrists. However, he did not require or seek
Q Then let me ask the question that I just posed to you, did
you seek medical attention for any physical injury that you
received as a result of the robbery?
Q Okay. And not only, I think got confused, might have
confused a few things there. First of all, the shot did not
break your skin; is that right?
A That's correct.
Q Did you receive any other physical injuries from the way
you were handled by the robbers?
A Other than bumps and bruises, no. Q And what type of bumps
and bruises did you receive?
A When they grabbed me when I was coming out from behind the
bar, reached over and grabbed me physically like this, pulled
on me, causing my arm to have a couple of black and blue
marks on it, and when I landed on the floor. Other than that,