Posts Tagged ‘Bullying acts’

Of sense and nonsense of bullying diary.

22. Februar 2010

The Scream

Again and again, bullying is at the heart of Labor’s Diary processes. The judgments about this are probably as varied as the color of the sand on the beach. We know that the light is the factor for the color of the sand and the sun is the factor that determines the light.

In labor it is to play the judge and his two assessors, who are often unnoticed and often play an important role as a „string-puller,“ because they know come from the „classic estates organizations, employer associations and trade unions. Here it is often the lack of „independence“ of the court, because the state representatives are subject to the order of their employers, and they want to know, in Germany often something different than we citizens, keyword lobbying.

In the case of the nursing services manager and her lawyer at the same time President of the German Society for Anti-Discrimination Law a new and remarkable step taken.

He has almost bullying diary transferred to a timeline, and thus visualized the course of the bullying attacks. „In a remarkable Case Labor has a Cottbus Red Cross nursing services manager 30 000 is awarded for pain and suffering. Previously, it has not been one Contract Resolution approved, so you can see the verdict with mixed eyes. „(1)

For by the dissolution of the employment contract, the applicant informed the Court has taken an important decision, which was, to the reintroduction of a bullying victim in her job, with the help of all the instruments. Judges fear such decisions as the rabbit, the snake. For most of you would then also have the „termination of the bully or offender“ to be chosen as a model have made the LAG Schleswig Holstein and Labor Munster in their judgments. (Case 3 Sa 224/09, 2 Approximately 84 D/09) (2)

Nevertheless, Prof. Alenfelder has shown how to build a model bullying action and not only the pleadings with the usual standard awards can be launched. That Bullying Diary for the „Paper web“The remedy is not just the evidence. And that’s my view a very important finding from the process even before Mainz Labor.

>> You (Alenfelder and his colleague) also spotlights the court not only „a 23-page Application“Submitted, but it graphically illustrates“ a good two-meter-long paper strip „recorded. These were“box labeled …. side by side on a timeline from 2004 to 2009 „with“personal attacks stichpunktartig recorded against their client. „(1) <<You have thus delivered to the success of the applicant, an important legal input, focusing not solely based on a bullying diary, as it allows them bden were gone.

Bullying experience

For in the case of the „main cashier,“ the plaintiff has relied solely on his own diary as evidence, and that can often fatal have, just show up when entries, which the court like honey hungrily sucks, even though they were the victim differently, Keywords: ambiguity.

Such passages as the following emerge from the diary of the plaintiff in the Mainz process in many judgments and push the victim repeatedly on the head. For with the entry in her diary, she wanted to bullying often bring something different to express what is, but later dropped by the court under the table like a sudden and is used in the trial of the bullying victims.

„In keeping with this, that the Labor-which has already been made, the applicant himself where in he his diary represented at the meeting described 28.2.2008 with Mr. S., the view was that he was Cashier and be as Cashiers used. And so has the bullying victims or lost himself made the famous leg. His lawyer, however, would have a „neutral third party“ faux pas these noticed it if he had read the documents. Even so, an indication, when lawyers had read the documents of their clients?

I think it shows quite clearly that the use of the Bullying Diary should be examined very carefully and only clear and explicit content of a court should be presented. Such a thing must be a lawyer, for example, govern what can I use and what not.

Many victims mistakenly my way often, a Seitenstark and comprehensive bullying diary makes an impression on the court, which is certainly not so. And therefore the solution of the „paper roll“ of Alenfelder and his colleagues the solution. Using entries from the diary in the indictment, make sure that does not conflict with items and make an additional „paper roll“, which are shown clearly all acts of bullying, which makes more impression than 1000 pages on bullying diary.

Now to the case of the „main cashier, the LAG Mainz has the“ mission of the plaintiff against the decision of the Labor Mainz of 06.11.2008, Az: 9 Ca 777/08 … dismissed with costs. „(3)

The verdict:

„LAG, Mainz, 14.08.2009, 9 Sat 199/09, privacy violation – bullying.


1) The appointment of the plaintiff against the ruling of the Labor Court of Mainz 06.11.2008, Az: 9 Ca 777/08 is charge dismissed.

2. The revision will not be allowed.

FACTS: The parties disagree on Appellate Procedure yet as to whether the defendant is required to pay a pain to the claimant in terms of the so-called bullying. For the presentation of undisputed facts in dispute and the arguments of the parties of First Instance will paint. § 69 paragraph 2 ArbGG Reference is made to the ruling of the Labor Mainz of 06.11.2008, Az: 9 Ca 777/08 (Fol. 82 ff d. A.).

By the said ruling has the labor – to the extent the appeal process is of interest – including the action on the request of the plaintiff, imposed on him for pain and suffering, the amount to the discretion of the court is dismissed, together with 5 percent interest above the base rate since pendens pay.

In support of the Labor Court has – run together -: A claim for pain and suffering of the plaintiff was neither in terms of violation of labor law obligations, the violation of an absolute right i. S. von § 823 Abs 1 BGB, the violation of a protective law i. p. v. § 823 para 2 BGB, even from the perspective of intentional injury immoral given. Although it should be noted that there are cases in which the individual, from acts or conduct of its employees as set out Work colleague, supervisor or employer considered by itself does not constitute violations that lead to overall view of the particular acts or practices, however, a treaty or legally protected injury, because its summary based on them could lead to the underlying structure and direction to an impairment of the protected right of the employee.

The employer ARE OF Conduct obligations to take into account and protect the rights, legal protection and interests of the employee. This precludes the degradation and Disregard of a worker. The latter had the right to have his health and his legal interests regardless of taking it from health threats, protected or psychological and it would not conduct is exposed, which is its object or effect that violated their dignity and creating an intimidating, hostile, degrading , humiliating or offensive environment is created.

Outcry in the country of work

The employer is in this context, especially for Protection of health and the personality of the worker undertakes, and his fault of his agents to as is attributable to his own fault. Based on these principles, a claim sheath of the plaintiff against the defendant because of his own misconduct, but also from the standpoint of misconduct Or vicarious agents out. Claims against the defendant because of the manager alleged conduct did not exist, because not even be clear why an insert constituted by the applicant outside the main cash exclusion or humiliation of his person, which could be considered a breach of duty or violation of personal rights.

The plaintiff himself had in an interview he described the view that he was treasurer and might be used as Treasurer. The defendant also called understandable reasons why it was still not come to any use of the plaintiff in the main ticket office. Also, a claim from the point as support for misconduct by agents of the defendants was ruled. As far as the plaintiff in his diary a description of various Encounters with persons have given, he has not explained what position dressed in the operation of the defendant. It is therefore not obvious that these individuals served up to the claimant and should be considered as accomplices. Likewise, the plaintiff had argued that it constituted events which were made with knowledge of his superiors or to their statement.

The verdict is called the plaintiff was served on 09.03.2009. He has appealed against that with the country’s Labor Court received on 06.04.2009 calling and pleading with them within the decision from 05/05/2009 until 08/06/2009 appeal, the extended deadline received a written statement dated 08.06.2009, the country’s Labor Court on the same day, well founded.

In support of his appeal, the applicant claims pursuant to the said pleading to which a supplement is made (Bl 110 ff claimed Elder), essentially.

Although I mentioned the fact of the contested ruling, the Labor disregarded in his decision, arguing that the plaintiff since October 2005 as no longer the main cash Chief cashier was used. The same applies to his claim that he was previously responsible for training in the main ticket office. The activities in the mutual-fund and principal were not exactly equivalent. The responsibility of the chief cashier was greater because they were dealing with much larger cash on hand. The distinction between the value of the business, it followed from the current trunk and wage agreement. The applicant was aware of no further use in the main ticket office in order to wear down and degrade him.

Already in 2005 the manager of the defendant in connection with a restructuring action against the plaintiff had said that he did not know what to do with the applicant should start over. Only because of its social data better then he had escaped. This had made the defendant an opportunity to train new employees in the cash office and use the plaintiff only in the mutual fund. Where the industrial tribunal’s decision was based on the fact that the applicant has failed to specify the location of the employees of the defendant who had made the remarks made by him at first instance, it should be noted that the defendant for any wrongdoing of their employees, whether they are superior or not Stand up (f1) and have their behavior as Agents must be attributed. S. was the first instance mentioned employees and managers of the defendant against the plaintiff technically and disciplinary superior and issue instructions.

The plaintiff applies to the ruling of the Labor Court of Mainz 6. November 2008, Az: 9 Ca 777/08 partially amend and ordered the defendant to be made to the plaintiff a compensation, which amount to the discretion of the court to pay, with interest amounting to 5 percentage points above the base rate since pendens (02.05.2008) too.

The defendant requested, dismiss the appeal. She defends the contested case in accordance with their appointment by letter of reply, 30.07.2009, in addition to the reference is made (Bl d. A., 128 et seq), as legally applicable. Following the restructuring of the funds in the areas of classic game / slot machines, the applicant in the main ticket office for the settlement of gaming machines had been used in the early shift. The Nichteinsatz the plaintiff in the context of late shifts in the main ticket office was due to understandable reasons. Due to the restructuring and of the collective bargaining agreement since 01.01.2007 entered into force, there would be the function of a Chief cashier no more. NA is also that the defendant is already in 2005 as part of restructuring measures by the plaintiff actually had wanted to separate. The plaintiff had not been raised, the person who claimed „Bullying acts“Allegedly made in attributable way.

Will also complement the rest of the pleadings exchanged between the parties and the annexes thereto reference is made.


I. The appeal of the plaintiff is admissible. The appeal is admissible as such. The appeal was also form and on time filed and justified.

II On the merits, however, has the appeal is not successful. The Labor Court on Payment for pain and suffering directed action dismissed with true justification. The Appeals Chamber follows the reasoning of the Labor and make it hereby gem. § 69 paragraph 2 ArbGG firm. The following additional observations led Berufungsvorbringen:

1. The Labor Court is also true of the shared principles of the Appellate Division of the Supreme Court, the liability of the employer in called „Bullying „cases assumed (particularly BAG 16.5.2007 -8 AZR 709/06- EzA 2002 § 611 BGB personality No. 6; modified 24.4.2008 -8 AZR 347/07- EzA § 611 BGB 2002 Personality No. 8).

Afterwards „Bullying“ is not a legal term and therefore no legal provision comparable to a self-claim basis for claims of an employee against his employer or superiors or colleagues. (a)

When an employee claims on the basis of concrete „bullying“ claims must be examined in each case whether the service used by the plaintiff in these individual cases, labor obligations, an absolute Right of the worker within the meaning of. § 823 Abs 1 BGB, one Protection Act within the meaning of. § 823 para 2 BGB hurt or injury within the meaning of immoral. § 826 BGB she has committed. In this context, it is important to note that there are cases in which the individual acts or practices set forth by the employee of his work colleagues, superiors or his employer regarded by itself does not constitute violations, but the overall view of the particular acts or practices of a contract – or legally protected injury causes, because of its summary on the basis of their underlying structure and lead direction to an impairment of a protected right of the worker.

The latter is especially the case when the abuse or unwanted conduct that violates the dignity of the worker and by Intimidating, hostile, degrading, humiliating or offensive featured environment is created. This corresponds to § 3 paragraph 3 AGG made definition of „harassment“, a Within the meaning of discrimination. § 1 AGG represents. Given an environment in principle, not by a unique but is created by a continuing behavior are to include all acts or practices that are attributable to the systematic process of creating a certain environment, in the analysis. Consequently, individual past actions / behaviors in the assessment must not be left unconsidered. Considering this is a liability for its own, or through organs of the employer (§ § 31, 89 BGB), breach of duty and a Liability for the employer after § 278 BGB attributable Duty by agents into account.

Since the employee who claims against his employer claims that the existence of the alleged misconduct, the burden of proof claims that he has in each case, the actions or measures from which he derives the alleged misconduct, specifically, indicating their temporal situation . denote Only then there is a review so as to establish whether the alleged transactions for themselves alone have seen or managed in the overall view of a law affecting the employee (BAG 24.4.2008, ibid.).

2. The applicant has limited its action to begin with, a so-called Bullying Diary presented, which contains what the Labor Court has already pointed to a large-scale well as accounts that lack any reference to the claims asserted. This applies for example for under the October 2007 operation, or the description of P. conversation with Mr. S. described on 15.2.2007 due to the remaining leave, which the framework of a normal, socially and rechtsadäqauten conversation does not exceed. This general reference to the said Appendix to the application does not meet the requirements for a sufficiently concretized (substantiated) of narrative. The procedural submissions made by a party must be intelligible by itself, must be substantiated on the permissible reference systems (see, for example Zöller / Greger, ZPO, 25th edition, § 130 para. 2253 para. 12 a seq.). This is particularly true when determining whether particular acts or practices used by itself or in the overall picture infringing nature of one who, because of a judgmental Product and balance of interests is made (BAG 24.4.2008, ibid.).

Moreover, a widespread lack of information also to have the operational function of the persons mentioned in the diary during operation. When compensation claims are also based on the fact that the employers themselves, but other workers in violation of any act or acts alleged to have committed, at least in an overall view Right hurtful nature who need the facts are presented, which should lead to a liability of the employer. Concerning the argument so far with the appointment takes the view that the defendant bad employer for any wrongdoing of its employees and this must be attributed as the behavior of agents, this is legally incorrect:

The employer is true for the culpable violation of contractual agents assigned to its protection duties, such as the obligation to protect the general personality or health conferred a. Necessary for a Liability after § 278 BGB is always that the wrongful act is in an inner material related to the tasks assigned by the debtor to the agents in terms of the contract. This is regularly only be the case if the agents from concrete give the employee the duty of care towards him or Reporting relationships have (BAG 16.5.2007 ibid.).

3. Where the plaintiff has released its submissions in the first instance or in a document dated 30/7/2007 of its appeal further, and in his diary bullying incidents will be specifically described in the defendant’s alleged involvement of the manager or the manager, which can be either individually or found in a synopsis of a personal rights infringement sufficiently in the above sense.

S) alleged by the plaintiff (contentious statement by the Executive of the defendants in October 2005 would, if it had been made because, undoubtedly related to a personnel action adaptation of the defendants, was ultimately reflected in an appropriate balancing of interests with the name list and the plaintiff was not affected was. Given the statement by the plaintiff claimed, however, is not a socially inadequate behavior, because it merely expresses the fact that the president saw the defendant given independently of the identity of the applicant’s reasons underlying an employment requirement is less than. That this is the intimidation, hostility, humiliation, humiliation or insult of the plaintiff and this was compared to a contempt expressed is not clear. In keeping with this that the BAG has assumed in its decision of 24.4.2008 (ibid.) believe that a dismissal for operational and not from the behavior of the employee or person is very obvious reasons, usually the personality the employee does not unlawfully violated.

Where the plaintiff out geared that he had been in October 2005 was no longer used in the main ticket office and also in the training were not involved, it can be assumed that this alleged work assignment was prompted by the defendants or their institutions / agents because it in this regard concerns organizational measures to control the workflow. The plaintiff, however, sets out not only that the issues raised by his duties as a contract of work was due, and held the alleged actual use is no longer entitled to under the law of the defendant’s Directorate. Instructions, however, who can move are entitled under the law and refer to the employer’s Directorate which is not clearly frivolous tendency to represent only in rare cases, a violation of personal rights (BAG 16.5.2007, ibid.). An oppressive tendency can not be inferred from the use of the plaintiff. The defendant, without which the plaintiff would be substantiated-challenged explained that with effect from 1.1.2007, the current structure of the checkouts was changed and the treasury of the main areas of treasury of the classic game and the gaming machines were brought together, this is a familiarization and training of staff and the applicant as a result of illness-related absences to date has not yet been incorporated. This is traceable to the defendant’s reasoning. This corresponds to the fact that the Labor-which has already been made, the applicant himself where in he his diary represented at the meeting described 28.2.2008 with Mr. S., the view was that he was Cashier and be used as a cashier. Where the plaintiff is not aimed at die-involvement in the training of other employees, should be added that in his diary found under the 20.7.2007 entry: „Today I have asked Mr D. Training in fund 1, the slot machines.

Where the plaintiff claims that in May 2008 he had been informed that he was the only employee in the checkout area, the numerical keys of the vault do not get this lack of narrative, who should have made this announcement so that a test to see if it this is a conduct of the defendant or one which it was responsible conduct of other employees should have acted, is not possible. The same applies to the alleged statement to the employees in the checkout area, the applicant confidential and internal processes (say more). Here is it explained to have been the person at which time this statement to which employees.

Even an overall view of the above, the alleged incidents can not be ascertained that this involved a systematic and purposeful approach to the degradation of the plaintiff.

4. If the appeal would ultimately geared to the fact that the employer is obliged under the duty of care to ensure that all employees-including each other respectfully, appropriately treated and either marginalized or discredited is true that the employer’s liability for damages not only with a positive action, but where there is a guarantee confidentiality, even from the standpoint of an omission into account movements (see BAG 16.5.2007, ibid., B II, 3) a) bb) of the reasons. This presupposes, however, that the `right` end add (f2) setting out employees that the employer or its organs from the violation of rights of the applicant by other employees had knowledge or, if he relies on it, the employer had no adequate organizational measures taken to prevent showing of legally protected injury, by which general organizational actions legal interest claimed by him injuries could have been prevented. On such statements is lacking.

III. The appeal was therefore dismissed by the plaintiff resulting from § 97 ZPO resulting expense. A revision of the basic authorization within the meaning of § 72 para 2 ArbGG does not exist.

Aftermath: The assertion „Bullying“ is not a legal concept “ contrary, the LAG Mainz clearly anti-European case law in which bullying is indeed a legal term. Thus, for example, Austria has enshrined a ‚ban bullying‘ in public service.

Since the AGG is in Europe since 2000, a Austrians are not better off as a German, but from these principles, we are unfortunately still far away. And is well known that European law over that of the Germans. German judges should get used to, finally, that they are part of the European legal system. “

An urgent letter to the EU is still followed, so that finally defines the EU as a legal concept of bullying for all European countries. For the victims then there is the possibility of „restricted application“, which also turn to European law will let us have too good.

I would give any bullying – victim of the tip, never relied solely on a harassment charge your diary or registrations thereof. And if you use items, erstmal examine her evidence carefully and let it read against a third party.

Experiments only the bullying – Diary in the context of the „bullying Alenfelder – paper web“ should be used and to gather documentary evidence, which should be attached in the indictment.

f1) In the original, it is said to stand „, just as in the case of“ claim end add „(f2). Both terms were changed.



3) =% 7B6A044B41-CD5D-4C8C-B75C-7B9815AAE3E4% 7D

The tax investigators affair and Case Justification (Az: 21 K 1220/09.Gi.B)

20. Januar 2010

FOC advice

The case Mark Wehner of Finanzamt Frankfurt 5 should be sufficiently known. Also that a Referee was prepared, a FOC advice create, has probably showed what Bully as the finance minister Karlheinz Weimar are capable of.

Here is the sentence for the kindness experts and psychiatrists. A document that shows how much of the way for victims of bullying is likely to endure the almost nonexistent. Fortunately, the four financial officers and civil servants who have committed this path. In the end, we may also ask the question, how much the whole case will cost the general public.

Thanks be to the senders of this Court that one can’s designate historically and in the bullying case history in Germany.

Diagnoses Recurrent depressive disorder, Currently Moderate Episode (ICD-10 F 33.1)

The tax investigators affair VG casting Court of Appeal for health professionals, Decision Date: 16.11.2009

Undifferentiated somatization disorder (ICD-10 F 45.1)


Obesity (ICD-10 E 66.0)

Tinnitus aurium (ICD-10 H 93.1)

Ethical violations by a doctor, Conductor or orientation rate


Tenor and the reasons I.

1. In 1961, the A-Town-born suspect put his medical examination in 1987, starting in Germany in 1991 and graduated as a doctor of medicine. In 1987, he was the approval granted, 1995 was his training as a specialist in psychiatry, 1998 approved for the specialist in neurology. Since December 1999 he was authorized to hold the additional title of psychotherapy. After five years of psychiatric and neurological five years of activity at a university hospital, he worked a total of three years as a senior consultant at a specialist clinic for neurology, psychiatry and psychosomatic medicine as well as a rehabilitation center. Beginning in 2002, he carries only its own operations by expert evaluators practice. Since 2004, he created a week as a psychiatrist report verification activities for the Hesse Ministry of Supply and Social Services in A-town. His remuneration for advice with neurology research within the social compensation law, particularly under the victim compensation law, „has since been paid lump sum under an agreement with the aforementioned office per settled report mandate with 350.00 Euro (plus VAT). On this basis, he is the Office for the evaluation of teachers for files and expert assessments (see Bl 157 of the investigation file – EA -). According to own statements, he reviewed regularly one day a week) three persons (healthy volunteers, which are loaded by the Office for each 10:00 Clock, 12:00 clock and 14:00 clock. According to him, then he produces the same day at home, the written report.

2. Professional is the defendant, by all appearances, not yet in appearance.

Tenor and Grounds II

3. The present method is the Discovery process of the Medical Association Hesse (3 volumes) with the file number … based. On this basis, created the State Medical Association Hesse under the date of the 6th May 2009 an accusation written against the accused doctor, which was received on 20th May 2009 when the discerning professional court. With this document the allegation Landesärztekammer Hesse accuses the defendants,

4. his medical ethics have violated by the fact that he at 31 July 2006, on 4 or 5 September 2006 and 1 October 2007 is not his job conscientiously, and have not exercised in accordance with the trust that the medical profession will be met with by the evaluation of four officials of the tax investigation A-Town’s ability to service failed to respect the need for careful procedure and expressed as well as partial disablement disablement’s what does not corresponded to the best of medical knowledge, but has accepted in that the result falls below the standard psychiatric evaluation and could be incorrect;

5. Professional misconduct pursuant to § 22 Hessian health profession Act (HBG), § § 2 para 2, 25, sentence 1 of the Professional Code for the doctors in Ontario (BO).

6. By order of 5 October 2009 has opened the chairwoman of the profession, the trial court and the written accusation of the Medical Association Hesse, 6 May 2009 for trial before the trial court allowed.

Tenor and Grounds III.

7. Following the outcome of the trial the following facts is established to the satisfaction of the court:

8. For affected subjects is Three financial officer and a Treasury official with the rank of steward / official wife (Grade Scale A 12), Boards have a leader who is turning its incorrect assessment within the meaning of the medical professional legislation to the state medical association of Hesse. They were former employees of the Tax Fraud Division of the Tax Office in A-town. Your group, which included the additional tax investigator, was in the mid-nineties to early 2000 used in the monitoring of certain activity by large banks. They uncovered cases in which large banks in anonymous aggregate amounts of the assets pooled individual bank customers transferred there, where there was no withholding tax procedure for interest income. There, the transferred funds were posted to the individual accounts of bank customers () called anonymous capital flight. According to the investigation results indicated that the complainant and her colleagues conducted nationwide at that time to back taxes at a considerable height. In the second half of 2001, a so-called Office Order was issued to the four subjects with which the initial suspicion of investigations has been redefined. Thereafter, cash transfers over a certain size should only be sufficient for initial suspicion. The complainants, in particular the tax man G, turned massively against this agency’s statement. Thereafter, the complainant in the field of tax evasion have been implemented in other work areas. By its own estimates, they were then occupied with no more amtsangemessenen activities.

9. Under the date of 27.09.2005 turned to the company doctor, Dr. med H, inter alia, as follows at the head of the tax III:

10. Your employee AR G already visited on his own initiative, my occupational health consultation. In an extensive interview with Mr. G, I could get a picture of the development of health problems up to the lengthy work of your employee.

11 When the trigger for the Development of health complaints is the implementation of the official view in March 2003 from his previous job in the tax investigation into the subject of large-scale testing in office III. The implementation, the reasons for Mr. G seemed not to understand, he felt as a kind of punishment.

12. The action of the employer assessed Mr G in his subjective feelings rather than encouraging, but as an insult and loss of appreciation for his recent work. He describes this process as bullying / bossing. To date, he consistently tried to defend himself through legal means against that in his view suffered injustice. The fact car related discussions with disputes over assessments and entries in the personal conflict led to an increase in employer-employee.

From this 13th permanent confrontation by psychosomatic reaction formation is a chronic state of exhaustion arisen with severe difficulty with concentration and reduction of mental performance capabilities and associated reduction in the conversion and adaptive capacity. At the same time worsened an already long-existing kidney disease.

Some distance leading 14th time this mental illness to work. The development of this disease is well understood from a medical point of view operationally. For incorporation into a new subject is at this time for health reasons do not have enough mental capacity. “

15. Finally, it says in the letter that it was in the interests of Mr. G, finding a permanent job prospects among healthy working conditions and the experiences and health problems due to the unjust implementation process adequately assessed and managed. Over the expected duration of incapacity is currently no definitive assessment could be made. The medical prognosis for the duration of the work was under other aspects of the Salutogenesis also on the desired outcome of the rehabilitation of Mr G „dependent. The latter uncertainty of the estimated duration of the incapacity of the company doctor confirmed a further letter of 28.11.2005 to the employer. It states further: At the moment I see no immediate need for action. I recommend in occupational medicine, the Outcome of the petition procedureTo wait and therefore an assessment of allegations of Petitionsführenden against the superior service management by the Petitions Committee. The disease, the duration of the disability and the further prognosis are directly related to the management of the conflict between workers and employers and hence indirectly with the outcome of this proceeding. “

16. The Regional Finance A city sent a letter dated 17.07.2006 the contract on the investigation of the councilor G on his official capacity as follows to the Hessian Ministry of Supply and Social Services in A-Town – Medical service -:

17. I send one copy of the official with administrative instructions issued from today (according to § § 51 para 1 sentence 3, 51a, Section 1, 4, sentence 1 HGB), under which he was an investigation by the Hessian Ministry of Supply and Social A city has to undergo so whether there is incapacity or limited service capacity.

18. I beg to conduct the investigation as soon as possible, the matter is urgent.

19. In my opinion, a fachpsychologische expertise is required.

20. With the assistance of an external evaluator, I agree.

21. Cost commitment is hereby granted.

22. As part of the generated report I please answer the following questions:

23. 1. If the officer – in terms of its hitherto exercised activity – full or limited incapacitated for duty within the meaning of § 51a HBG) (Part service capacity?

24. 2. If there is no service capability:

25. Can full service capability or at least partial service capacity through the leidensgerechte transformation of former employment and / or achieved by the transfer of another, are equivalent to his previous activity (besoldungsgerechten) or undervalued activity?

26. If so, how the conditions would need to be changed?

7. 3. Unless there is a part, or fitness for a permanent disablement:

28. Can a full service capability or a part of official’s fitness to be achieved by a treatment?

29. If so, how should this treatment be specifically designed?

30. Here are the most accurate information is required so that the officials – after an appropriate notice to the employer – is possible to fulfill his official duty to restore the best possible health. “

31. By letter dated 17.07.2006 the Hessian Ministry of Supply and Social Affairs in A-town the accused doctor of neurology and psychiatry instructed as follows with the preparation of the report:

32. I beg to prepare a nervenfachärztlichen Opinion about o. G..

33. I refer to the report commissioned by the Regional Finance A city of 17.07.2006, Bl 1 A. d. ff. The question follows logically.

34. Her psychiatric report as appraisers should not take you directly to the question of fitness for position. Besides information on the nature of these disorders and their prognosis is but an opinion on the performance, especially with regard to the administrative tasks to accomplish, of particular interest. “

35. Dated from 31.07.2006, the accused, the Nervenfachärztliche advice about Mr. G to the question of its ability to service under the Civil Service Hesse reported. At the beginning of the report states that this is based on the file of the Hessian Office Supply and Social Affairs as well as on their own exploration and investigation of Mr G in the offices of the aforesaid office on 31.07.2006. According to credible information provided by the defendants at the hearing was this act of HAVS (HAVS = Hessian Ministry of Supply and Social Affairs) on that date only from the experts commissioned by the Regional Finance and its commissioning. The statement referred to his own exploration and investigation „lasted under two hours. The accused has engaged so at the trial, the exact duration of their exploration, including the assessment, it could not demonstrate a regular basis, however, ordered the office one day a week, three volunteers to 10:00 clock, 12:00 clock to 14:00 Clock. He was doing in the course of investigations and interviews, the notes and create reports on the same day, in the afternoon at home. Psychological tests, the accused was not available. Mr. G gave him in the course of exploration of a dialysis center, physician’s letters from 04.05.2001, 19.03.2004, 30.07.2004, 09.03.2005 and 10.01.2006. He also presented him photocopies of two letters from the doctor on 16.08.2004 before his herniated disc. Among other documents, he also put his medical reports as the company physician, Dr. H of 27.09. and before 28/11/2005. On the question of use in a less stressful financial matters, the accused asked Mr G is not.

36. The nervenfachärztliche includes advice from 31.07.2006 – including the receipt paper – eight and a half pages. Approximately four pages provide a history of playing with the heading information provided by Mr G „dar. The clinical examination findings consists of the sentence, Mr G was in good general and nutritional status, without restriction and without any apparent physical mobility impairments. The psychological finding holds true for about half an A4 page, and reads as follows:

37. Mr G is bewusstseinsklar and oriented, and there are no mnestic or cognitive deficits. Contact with Mr G is sufficiently well-produced, in the report and the mood here he is at significantly reduced vibration and affective modulation capability designed from scratch in. outraged by the arrangement of a psychiatric examination and the fact that perceived as scandalous and criminal procedures in their department especially compared to his person and describe in detail what he underlines by the examiner to remain handed folders with photocopied documents, the opinion is attached and the evidence may not always comprehensible to all stakeholders operating procedures, but not evidence of Mr. G’s estimates and to make. Drive and psychomotor performance have been preserved, the thinking is formally arranged, is not an indication of psychotic experience itself, but a fixation on his view of things which in their nature and extent of querulous paranoia-Development . correspond “

38. The report ends with Section III, Summary and Evaluation (approximately one and a quarter of A4 pages). There is first the appearance of the accused to the events in his earlier work reflected in the tax investigation, which the suspect feel as a punishment for his denunciation of alleged wrongdoing, which led firstly to physical discomfort, the other meaning that it started had made public his concerns, „the adopted swamp of corruption and crime in their department. Since Mr. G since 16.08.2004 has been written to work consistently, is now taking from psychiatric point of view of its position on service capability. In conclusion, in Part III Summary and Evaluation „of the report:

39. In the corresponding actual examination situation, Mr G now offers a clinical picture which is clearly a paranoid querulous development corresponds to what is not a psychotic illness, but the extent is associated with a loss of reality that, at the bottom of a well-developed primärpersönlich feeling and the additional medium of a narcissistic been hurt a steadfast path was paved, which can only be terminated from the perspective of Mr. G if he is rehabilitated, that is where all of his allegations accepted as true and are punishable by criminal law, those responsible from their posts have been removed and replaced in the field can return the tax investigation, from which then a further improvement in his physical health would result. The realization of this version is objectively realistic.

40. As this is mental illness in Mr. G’s is a chronic and entrenched development without insight, see if his return to his place of work under the circumstances, inconceivable and Mr G as well as service and teildienstunfähig, in these circumstances will in all probability also can change anything, so that a follow-up can not be regarded as an index. “

41. On the basis of this opinion, the magistrate G, with effect from 1 January 2007 against his will, forced into retirement.

42. He then applied for admission as a tax consultant. At the request of Tax Appeal created the Physician of the Clinic for Psychiatry, Psychosomatics and Psychotherapy of the center of psychiatry in the University Hospital of the Z-A-Town Dr. K under date of 09/10/2007 one nervenfachärztliches opinion on Mr G. The report, which indicates , based on the expert of the Chamber of Tax and Mr G and documents provided on an outpatient psychiatric examination of the person concerned on 04.10.2007 that starts from the question of whether Mr. G for health reasons is not only temporarily unable to the profession of tax properly exercised. The 15-page report represents the first document position, based on the assessment of the company doctor, Dr. H of 27.09.2005, that the implementation of Mr. G in March 2003 from his previous job in the tax investigation into the subject of large-scale testing than in the Ministry III considered the trigger for the development of health complaints was. This measure of the employer rate Mr G in his subjective feelings rather than encouraging, but as an insult and loss of appreciation for his recent work. He shall refer to this process as bullying / bossing. To date, he consistently tried to defend himself through legal means against that in his view suffered injustice. Out of this ongoing controversy is caused by psychosomatic reaction formation is a chronic state of exhaustion, with marked difficulty in concentration and reduction of mental performance capabilities and reduce the conversion adjustment and being transferred assets. At the same time have a long-standing kidney disease worsened. With the passage of time this leads to mental illness to work. The development of this disease is well understood from a medical point of view operationally. For incorporation into a new subject had passed, according to Dr. H at that time for health reasons do not have enough mental capacity. Over the expected duration of incapacity Lord had made no final assessment of Dr. H. Subsequently, the assessor describes the contents of the nervenfachärztlichen opinion of the accused from 31.07.2006 and it states that have established on the basis of this opinion, the Medical Service of the Hessian Office Supply and Social Services in A-town – Medical Director L – letter dated 17.08.2006, that there was at Mr. G invalidity under § 51 paragraph 1 Civil Hessian (HBG). In addition, the expert, Dr. K describes the contents of the report, released a rehabilitation clinic, 18.12.2003, Report of the medical report of 26.09.2007 of a dialysis center and a medical report, finding a specialist in neurosurgery from 16.08.2004 and closes on its own about 5 pages a history of. In addition, he shares with on a physical examination, he had omitted, as the body charged on 26.09.2007 in the above-mentioned findings in the dialysis center was essentially unremarkable. According to the psychological findings, he shall, in his summary and assessment, „that in the opinion of the accused nervenfachärztlichen findings that Mr. G offers a clinical picture which corresponds to a paranoid-development and querulous because of diagnosed mental illness within the meaning of chronic and that there solidified development without insight into the disease invalidity could not be confirmed. Literally it means in this context: The diagnosis of Dr. A. asked a chronifizierten querulous paranoia-Development can not be confirmed by the present findings. The training during the conflict and stress situation encountered exhaustion with marked difficulty in concentration, reducing the mental performance capabilities and reduction of the conversion and adaptation of the assets had been completely regressed. Currently, can be identified with Mr. G on psychiatric disorders, not territory.

43. Mr. G is now working as an accountant.

44. The Tax A city of V issued with a date from 14/03/2005 to the Hessian Ministry of Supply and Social Services in A-town commissioned to investigate the tax man M to clarify its ability to service pursuant to § 51 paragraph 1 and paragraph 3 of HBG. Before this Referee Order was carried out, stayed during the period M vom 20.06.2006 to 01.08.2006 for inpatient treatment in the N-O-city clinic, specialist clinic for neurology-psychiatry psychotherapy. Under the date of 01.08.2006, the Department created a finding report, which is signed by the Chief Division doctor, physician, and the function of the station doctor, the specialist physician for general medicine of the Lord is M. The diagnosis: recurrent depressive disorder in severe Workplace conflict / bullying (F 33.1), panic disorder (F 41.0). In the eight-page findings report on the representations are education and clinical history and include admission to the symptoms, one of the categories relates to the industrial and occupational history. Further, the physical and psycho-pathological findings in recording and additional diagnostics are described. It also indicated that the following test procedures applied were: SCL-14, ADS-C, SF-8, II P-25, HSF; AVEM. According to the treatment process the outcome of treatment is indicated as follows:

45. The patient reported in the final interview, in-patient treatment is generally very important for him was that he had to refuel again force the individual therapies are very valuable to him and stabilizing been. In particular, he was able to benefit from group discussions, which had shown him new ways and thus would have given his life a positive turn. Furthermore, the patient reported that he felt much strengthened, and now look forward to the future ahead of him.

46. From a medical-therapeutic point of view the patient could benefit well from a total of inpatient treatment, he got a psycho-stabilization and an improved understanding of the profound conflict as a finance officer at his office, where his own interests were also accessible. In addition, he obtained a strengthening of his self-esteem, mood and driving situation got better. Overall, he achieved a greater distance by the length of more than 2 years of conflict situation. “

47. In the final assessment „is informed that the Doctors of the clinic would see the symptoms of the patient as having been caused by the persistent and unresolvable conflict at the agency. Also shown is the criteria for this case Bullying acts„Speak. Due to the experienced insults and degradation, it has come to a serious incident of self-confidence and self-esteem of patients with psychological and physical consequences. The patient had undergone a positive development as set out in detail. It goes on:

48. We assume that will be taken after final verification and / or implementing a change to any other authority of the state administration – out of financial management – the stability obtained here are sustainable. A return to a department within the financial management of medical-therapeutic point of view is not indexed. It would strongly – recommended following the recommendation of the occupational physician – revisiting an activity or a facilitating further action thereon, the training of qualified, who would very good intellectual equipment of the patient and the knowledge just in a different authority from the provincial administration.

49. The psychology test at discharge is presented in detail and can be summarized in content so that, at all tested areas had shown a marked improvement to a level beyond the clinically abnormal range. As a further recommendation will identify: Outpatient Psychotherapy.

50. Under the date of 04.09.2006, the accused then reported to the Nervenfachärztliche advice „may be considered where, according to the M as well as the defendants in the trial, the fact that this date is incorrect, because the accused is not an exception Monday, but Tuesday (on 05.09.2006) undertook the exploration and evaluation exercises; light of this circumstance is, according to the defendants was that on 04.09.2006 was the birthday of his wife. The eight-page report came, entry stamp at Hessischer Office Supply and Social Affairs in A-town – Medical service – on 13 September 2006 book. Input will be informed of the report is based on the acts of HAVS and on their own exploration and investigation of Mr. M in the premises of HAVS on 04.09.2006. Section I of Mr. M „spans six DIN-A-4 pages and includes the history. That Mr M describes his personal development, it is stated that he has a box-folder with documents, including the medical discharge from the report presented to O-town, the volunteer describes his illness, his hobbies and the work situation at his workplace in the tax office in A – city. The representations of this part of history starts with the representation of the expressions of M as follows: his incapacity had used were no longer pursuing as part of a service available in 2001, after the steuerflüchtig up to a sum of DM 500,000.00, which accordance with the law was actually not allowed because it is under the Penal Code and Criminal Procedure constituted crimes that were to follow, so that the statement was against the law. „. It will also play the descriptions of the M to the situation in his department, after receiving such service available. Among other things, we read:

51. It had become increasingly curious as a result, the whole thing had him medically burdened more and more, he became ill and had about 10 applications written to take you to a different department, for example in the Federal Court, the Constitution or something similar, from However, nothing came of it all, he had asked himself why, in early 2005 it was then everything became clear when he got his official assessment: After his performance appraisal time he was the worst officials that there was anything, it was the occasion been at its fourth complaint about his lawyer. If he should have been as bad as portrayed, there should have been support calls, etc., but we just tried to get rid of him. He was continuously incapacitated since mid-January 2005 because he had developed complex symptoms, back in 2004, he had a nervous breakdown and had been ill for 6 to 8 weeks, the doctor had found elevated liver enzymes and he even attested to liver damage and asked about his drinking habits because he had told him the whole story, whereupon the doctor had given him for the first time from the market. When he was returned to the service, but everything started anew, it was a huge burden, in January 2005 he had then no longer able to, his symptoms were, differing widely depending on the current load, still the same remains: On bad days he was back in the morning, after breakfast, so complete that he could not, then get pounding headaches, could not sleep at night, is often a bell of 2 clock until 5 clock awake, tormented by nightmares would also have at night he sometimes shortness of breath or the feeling that he had taken no more air for several minutes during the day he was overanxious and sometimes panic attacks, for example, in stressful situations, including performing daily things, the cost was often excessive toil and effort, he has become overly cautious and inhibited. “

52. Furthermore, this part of the opinion, the play includes the following types of volunteers:

53. The stay in O-Town had done him good, he was in a special department for harassment, have received a Gestalt-oriented psychotherapy and experienced in the mixed group from all subjects, they told him his problem was not solved, but only represented, To understand the situation and react to them. As to his perspective, we’ll continue to try to do everything possible against him, the whole thing was created to destroy, they wanted him and zwangspensionieren his wife and other colleagues from the department, and that would probably succeed. In this case, then he must take new steps to develop different perspectives and durchzudrehen around, life could well be not over yet, he must then find a new meaning. “

54. Immediately beyond this part of Section II to shoot the investigation findings „(page 7 of the report), which extends over about one 2/3-Seite. It consists of the physical findings as follows: Mr. M is in good general and nutritional status, without restriction and without any apparent physical mobility impairments. “

55. Mentally it includes a paragraph „, which reads as follows:

56. Mr M is bewusstseinsklar and oriented, and there are no mnestic or cognitive deficits. Contact Mr. M is too well-produced, in the report and the mood here is friendly with preservation of vibration and affective modulation capability-facing, courteous and consultative, the exploration begins immediately with its accompanying commentary and presentation binders, but it is easily to a orderly conversation in the situation. Drive and psychomotor performance have been preserved, the thinking is formally arranged, is not an indication of psychotic experience itself, but a Somatisierungstendenz, also has the mind of Mr. M’s as thematically highly concentrated on the perceived injustice done to him are known. His beliefs have evolved in this regard are as paranoid-called querulous. “

57. The sentence ends with page 8 and Section III. Summary and Evaluation „.

58. This part of the psychiatric report is as follows:

59. The now 37-year old Mr M was transferred to the New Year 2003/2004 in the context of a major restructuring operation within the AA from the area of finance tax investigation (along with many colleagues) to another area, adding that he felt as a personal insult and degradation, can constitute a decisive factor that he had to step (as well as his wife and comprehended some of his colleagues) as a targeted measure of his employer’s, to make it ready as an unwelcome denouncing illegal machinations and shortcomings „with cold spots“ as a political victim of up to Compulsory retirement. Since Mr. M has also developed numerous symptoms of the disease (currently he reports of sleep disturbances, fatigue, headache, anxiety and feeling overwhelmed as well), elevated liver values, he is on sick leave since early 2005, so that should be taken out of sight of psychiatric opinion on his service capability.

60. To this end, the first point is that it is Mr. M’s not just the disease „, as in the discharge letter from O-Town run, is a reactive depression and anxiety disorder in a workplace conflict or for bullying, but that while addition of somatizing symptoms and In total is a querulous paranoid-development, in which Mr M incorrigible believed to be victims of large-scale unfair trials, and after considerable media and political efforts of shaming and education persistently tries to proceed legally against this. Given the gravity and severity of this disease is continuing incapacity (and it must also be part invalidity). “

61. The Hessian Ministry of Supply and Social Affairs in A-town assessed all the reports it receives of the defendant and said – Medical service – dated 09/10/2006 regarding medical inspection „of the tax man … M, review of service capacity under § § 51, paragraph 1 Clause 3, 51 a, section 1, 4, sentence 1 HGB: In the context of a contract to specialist medical examination was granted. The specialist medical advice from 04.09.2006 is now available, shows that Mr. M is incapacitated due to existing health problems. Invalidity under § 51 paragraph 1 HBG is present, therefore, a limited service capacity within the meaning of § 51a para 1 is not present. By type, severity, prognosis, and ultimately lack of therapeutic possibilities of this impairment, a follow-up study of medical specialists view can not be considered as indicated. “

62. Under the date of 18.10.2006, the aforementioned office wrote under the Subject Your supplementary question for the medical examination of the tax man … M ‚as follows to the Regional Finance A-Town: A leidensgerechte transformation of the workplace is not possible for this type of health disorder, also may a full service capacity or service capability through the transfer of part of another, compared to its previous activity equal to or undervalued activity are not achieved. “

63. With effect from 1 February 2007 was transferred to M-contradictory opinion from its lawyer to retire.

64. In a letter issued from 14/03/2005 the Inland Revenue A-town VP the Hessian Ministry of Supply and Social Services in A-Town, request the medical examination of the Counselor R, wife of M, to clarify their service capability in accordance with § 51 para 1 a.m. to 3 p.m. HBG. Before implementation of this order created the N-O-Town Clinic I at the date of 21.07.2006, a report to the attending specialist in general the woman R in A-Town. Then there was Mrs. R in the period from 23.05.2006 to 04.07.2006 in inpatient psychotherapy clinic. The diagnosis is the beginning of the 7seitigen and signed by four doctors finding report stated the following:

65. Condition after a severe episode of depression in the workplace conflict / bullying F 32.1,

66. Psychovegetative fatigue syndrome with multiple functional organic reactions F 45.8 “

67. Then be dealt with under the general and the following clinical histories: family history, medical history, past history, current physical aches and pains, gynecological history, vegetative patient history, drug history and current symptoms and functional limitations. “ Under the latter heading the following is reported:

68. The patient reported that she had fallen ill due to a hardened professional conflict situation which existed since January 2004. They suffer from concentration difficulties, sleep problems, constant fatigue, physical fatigue and depressed mood, crying spells, and massive weight gain. They had also socially withdrawn and rarely met with friends. Currently, they suffer on a physical level, with stomach cramps, muscular tension, particularly in the back (the second in January 2006 herniated disc) and a worsening of their fatty liver. If they are mentally occupied with their work situation, came despite sleeping pills to sleep difficulties and nightmares. As a highly emotional personality, they would covered by changing moods. In unstable condition they doubt their self-esteem fast. They also come with everyday situations in a panic with tinnitus, cold sweat, clammy hands and inner trembling and the fear of losing control. Their physical exhaustion had been somewhat improved. “

69. As part of the body distant to the following industrial and occupational history „is summarized as the description of the patient on this issue. Literally, it concluded:

70. After a 6-wöchtigen sick leave from June to mid July 2004 it had come from superiors to massive personal attacks and insults. The employer had threatened her with early retirement. In January 2005 she was physically collapsed, „and since that time posted for duty.“

71. Under the heading of Mental finding in host „states, inter alia: Allseits oriented personality, no evidence of disturbance of concentration, perception and memory and perception. No interference with the format and content of thought. In contact friendly and open in their reporting on the experienced insults fixed workplace.

72. It also sets out the test procedures were applied at the beginning of treatment, it is initially for the same tests were also performed with her husband. Following additional tests were conducted: BSL, SVB and PDS.

73. Under the Topos psychodynamics„Is designed as follows:

74. We anticipate a willingness to take responsibility related to autonomy and personality development. Mrs. R was able to use in their professional life so far completed as a financial official with the executive grade they have acquired high qualifications. Due to unexpected and Mrs. R is not intelligible personal devaluation, which lasted over a longer period, there was a psychosomatic reaction formation with a comprehensive identity crisis and psycho-physical decompensation.

75. According to the laboratory results and notice from the negotiating process was carried out as part of the treatment results, inter alia: From the perspective of the patient’s cognitive processing of the job situation with the existing structures and decisions which took place at different hierarchical levels, had helped her to the problematic history in the last two years perceive to be differentiated and distanced. On the physical level, the balneotherapeutic measures were beneficial and relax in.. From the perspective of the clinic, the patient from the high stress physiology and stress symptoms was found. Mrs. R had worked on the doctors very committed and ready to benefit from the therapeutic offer. This she managed well from a medical and therapeutic viewpoint. It would have opened up for the patient satisfying life perspectives so that grievances are sufficiently experienced to become mentally integrated. The symptoms had to be reduced. To test psychology at discharge, indicating that the tests had shown that on all scales, the values were not clinically apparent but in the normal range found in healthy people. An exception were the avoidant scale and exploitable „is, where there were interpersonal problems remain unchanged.

76. In the summary assessment is carried out, inter alia, that causes the symptoms shown by the ongoing conflict / bullying in the department were. This is done in detail. It also lists six criteria that speak from the perspective of doctors in the described long-standing conflict of bullying „. Through systematic devaluation of cumulative injury in addition to experience, it has come to a serious incident of self-confidence and self-esteem of the patient. This is further illustrated. In-patient treatment, the patient had gained benefits from the distance well, they did the conflict over, as their situation in their department reflect and recognize their own stake in this conflictual process, and can stabilize psychopsychisch something. The reduction vordiagnostizierte mental capacity no longer exists. It was assumed that after final clarification and / or implementation of a change to any other authority of the provincial administration, the stability obtained here would also be sustainable. Finally, revisiting an activity or a facilitating training for this action is recommended to any other authority of the provincial administration.

77. Well two months after the hospitalization, which was based on the above medical report, prepared under the date the accused 04.09.2006 Nervenfachärztliche advice „about Mrs. R to the question of their ability to service under the Civil Service Hessian. The report covers just under 6 pages, to be on page 5 as Section I, the details of Ms R reported. Besides the description of her life, her illness and other personal information from the main part is the representation of the utterances of Mrs. R in connection with the problems in the workplace. The well over half a page, extending Section II Examination report „reads as follows:


a) Physically

79. Mrs R is in good general and nutritional status, without restriction and without any apparent physical mobility impairments.

80. c) Mentally

81. Ms R is bewusstseinsklar and oriented, and there are no (none) mnestic or cognitive deficits, which judgment and criticism of power is maintained. Contact is well produced with Mrs R, in the report and the mood here is friendly with preservation of vibration and affective modulation capability-facing, courteous and consultative, in some parts of the conversation, but she can hardly hold back their tears. Drive and psychomotor performance are preserved, the thinking is formally arranged, an indication for psychotic experience is not found. “

82. The report ends with page 6 and the heading in Section III: Summary and Evaluation „.

83. Section III is as follows:

84. Mrs. R was now 35 years along with her husband and many other colleagues of the year 2003/2004 in the short term transferred from their previous activity in the AA financial management in a different department, where she had done after an initial period of confusion subjectively perceived as inferior work , has no power of decision over possession and felt belittled by their new Sachgebietsleiter ago, although she suspected as a member of the staff and systematically advancing a political background of the entire restructuring. As a result, developed, Mrs. R, who had originally worked very well and very happy, from a sense of grievance and impotent helplessness out a psycho-somatic symptoms, for which she was on sick leave from her doctor continued, finally, with her husband regularly supporting psychotherapeutic conversations receives and has recently completed a stationary rehabilitation stay in O-town, it is now taking in views of psychiatric opinion on their service skills.

85. It should now first of all the Diagnosis of adjustment disorder with depression, psychosomatic symptoms and partially paranoid to ask, incapacitated woman whose expression level R and also makes part of invalidity, it must be because of the causal link their illness with their working conditions at their office by a prolonged incapacity. “

86. The opinion of the accused, after which he indicated that, in accordance with the statement of R is not on the 4th September, but on 5 September 2006 had created, after exploration and investigation is also on 05.09.2006, was on 13.09.2006 when the Hessian Ministry of Supply and Social Affairs in A city.

87. Under the date of 09.10.2006, the Office – Medical service wrote – under the subject of medical inspection Counselor R …, review of service capacity under § § 51 para 1 sentence 3, 51 a, paragraph 1, 4, sentence 1 HGB follows „as to the Regional Finance A City:

88. During the investigation, an order was issued to specialist medical examination. The specialist advice of 04.09.2006 is now available, shows that Mrs. R because of the existing health disorders is incapacitated. Invalidity under § 51 paragraph 1 HBG is present, therefore, a limited service capacity within the meaning of § 51a para 1 is not present.

89. By type, severity, prognosis, and ultimately lack of therapeutic options of this disorder must be based on persistent incapacity, a follow-up therefore appears, from a medical [view] is not required. “

90. Under the date of 18.10.2006, the aforementioned office – medical service said – as follows to the Regional Finance A City:

91. A leidensgerechte transformation of the workplace is not the nature of this possible health problem, not even a full service capability or capacity to service part of a transfer can be achieved by the other, compared to his previous work of equal or activities are undervalued. “

92. R was In the following period, after consulting its lawyer and its contradictory opinion retired.

93. Another former colleague of the aforementioned financial officers, the Tax Man U, was from 11.10.2006 to 21.11.2006 in the inpatient hospital services, the medical-somatic clinic S clinic for behavioral medicine, psychosomatic medicine, psychiatry and psychotherapy. With the medical report from 08.12.2006, signed by the chief physician, the physician and the ward doctor, reported that following the attending qualified psychologists and psychological psychotherapists of the person concerned in T-Town:

94, is unfortunately missing

95. To symptoms and event recording is indicated:

96. The patient reported to host a significantly reduced mood with apathy and irritability, … also was massively reduced its efficiency, he would suffer from impaired concentration, a lot of pondering, because of the irritability and it came to the family piled into conflict with his partner and son He ate large amounts of chocolate at night as a consolation and had extremely withdrawn socially. In addition, he had because of numerous physical complaints (among others) back pain and heart area, dizziness, etc. visited about two to three times a week by different doctors. Even a long-standing tinnitus had become louder.

97. The first symptoms was associated with a Bullying situation occurred in the workplaceAfter resumption of activity after two years of parental leave, it was once again seen a massive increase of complaints. “

98. As part the psychopathological findings is performed with the patient there was no evidence of perceptual disturbances or hallucinations. The thinking was formally unremarkable in content heavily concentrated on the professional issues in this regard logorrhöisch, concentration and attention subjectively affected.

99. Under the topos Test Psychology additional investigation is carried out, that the following self-description procedures were used: Freiburg Personality Inventory (FPI-R) and Symptom Check List 90 (SCL-90-R) and the Beck Depression Inventory (BDI). It goes on:

100. SCL-90-R

: When recording was maximized at a number of complaints of 84, virtually all items in the pathological range. When it was released to a significant decline in the number of complaints to 26, simply add somatization and anxiety, „slightly increased in the pathological range, normalization of all other scale scores.

101. BDI

: When recording the patient has a total value reaches 32, this represents a major depressive disorder, or dismissed from 5 ‚

102. As reported by other Additional investigations, findings is the five-page doctor’s letter at the end as follows:

103. After establishing a viable therapeutic relationship was developed jointly with the patient an individual model to the conditioning and perpetuating factors of the symptoms. It became clear here that the experienced injustice in the professional field in its own pen moral claims and has a lack of differentiation ability significantly contributed to the emergence of symptoms. Within the general and specialized group therapy and individual therapy, the patient was able to Raise self-awareness learned and, through cognitive restructuring, dysfunctional patterns of thought (I must always help everyone „) to identify, question and change into more helpful to me (not only duties but also have rights“). At the same time the patient is built on positive activities. Overall, the patient described the hospitalization as a very positive and stated that they had benefited from it, as is confirmed by both the clinical impression as well as the diagnostic test.

104. Because of the dysfunctional relationship of trust between patient and employer, Which is now manifested in legal disputes, as well as the current experienced by the patient as being inadequate activity is assumed according to our recent knowledge in the event of renewed activity at the last job held with the greatest likelihood of a further exacerbation of mental symptoms. We therefore recommend to the restoration and preservation of the service’s ability to further one of the earlier tasks and responsibilities in the tax investigation related activity outside the Treasury. To further stabilization of the knowledge acquired here, we also strongly recommend the continuation of outpatient psychotherapy. “

105. Under the date of 01.10.2007, the accused reported one commissioned by the Office of the Hessian and social care nervenfachärztliches opinion on the question of his fitness for U under the Civil Service Hessian. The report described in section I 8seitige to Mr U „on pages 2 to 6, center, the details of the subject to his personal and professional development and conflict situations in the workplace. Among other things, he gives the expressions of the subjects so again, he is now only prepared to again work in the tax investigation, for all other areas he had indeed received in writing in his assessment that he was not up to the local requirements. He would be willing to back the whole thing almost to zero, he just did try to establish jointly with his colleagues, law justice, when some places have tried to bend the law. “

106. In section II Physical Examination „is given to the physical findings, Mr. U was in good general and nutritional status, without restriction and without any apparent physical mobility impairments. Back to the neurological findings states: There are no landmark fokalneurologischen abnormalities. To the psychological exam is given, Mr U had bewusstseinsklar and oriented, and could find no mnestic or cognitive deficits, which judgment and criticism property was obtained, contact was well produced with Mr. U. He was courteous and consultative, his thinking was formally organized, can not find an indication of psychotic experience itself. The report ends on page 7 a.m. to 8 p.m. in Section III, Summary and Evaluation „as follows:

107. Today’s 37-year old Mr U told out in 2003 as part of an administrative restructuring of Hessische tax to be transferred from the area of tax evasion in another, his eyes less important task pane into what has been experienced by him all the more offensively than he previously to a group of Officials had heard that is very active against a new regime was on the prosecution of suspected tax evaders set to defend, so that the current transfer has been perceived as a punishment, also saw Mr. U Mobbingattitüden and difficult procedures understandable in his ultimately futile attempt to return to the area to get the tax investigation, which had been regarded all his love and the service for which he had also taken a two-hour commute to work in a simple purchase.

108. After Mr. U had spent two years in parents‘ time, and neither a meeting nor its prevention training had been successful in another area in his eyes, is now against the backdrop of an extended period of disability and a handicap of 50 due to significant mental health problems from psychiatric point of view position to take its service capability.

109. In the current study the corresponding situation is in compliance with the record and presented a copy of Mr U (and the accompanying report out) documents to prove that he is suffering from a severe diagnosis adjustment disorder, whose symptoms interfere with his privacy, and upon which it clearly – the actual impossibility of providing a transfer back into the area of tax evasion – as incapacitated and teildienstunfähig be considered. Because the causes of the disease and the course of recent finds that there is an irreversible chronic and to see a follow-up of an ex officio as a non-indexed. This report can be opened at the request of Mr. U. “

110. The report came as evidenced by the receipt stamp on 8 October 2007 in the Hessian Ministry of Supply and Social book. By letter of 09.11.2007 the Oberfinanzdirektion A-Town to the lawyer of the concerned financial officials of the intended retirement due to invalidity of his client with a longer grounds stated. This medical examination from 01.10.2007 is given by the accused in the Hessian Ministry of Supply and Social Services in A-town and the letter of 24.10.2007, the Office notified local medical assessment. Furthermore, the letter a copy of this letter is attached to the Office of 24.10.2007 and informed that the head of the Revenue A-Town V-P communicated to the Regional Finance having regard to the assessment of HAVS was that he consider U incapacitated. Taking into account the medical assessment of HAVS and the opinion of the supervisor, the Regional Finance A U-City is now its sole discretion to consider incapacitated, so the transfer is needed in retirement. “

111. According to credible information provided by the representative of the Medical Association Hesse U was added during the first half of 2009 to retire.

Tenor and Grounds IV

112. The above findings are based on the investigation into the external expert who acts as well as existing in this court file documents, including by reading the trial testimony established the sheriffs G, M and U and R Amtfrau and the appearance of the accused, if it is to follow. The Auxiliary of inquiry, „the defense was in the absence of a formally correct statement of inquiry in the absence of evidence to pursue any further. Moreover, the evidence was lacking about whether a duty of care violation of the accused has been or is not „sufficient factual and the concrete. This is particularly true given the fact that already an expert’s opinion, Prof. Dr. W – Specialist in Psychiatry, Consultant Neurologist – psychoanalysis – and in forensic psychiatry from 14.02.2009 will be open and by reading out its essential parts in the trial has been introduced.

Tenor and Grounds V.

113. The accused’s conduct constitutes a breach of its obligations under § 22 medical profession health profession Act (HBG) dar. Under this provision, a physician must exercise their profession conscientiously and meet him in connection with the profession received with confidence (see the corresponding text in § 2 paragraph 2 of the Professional Code apply to doctors in Hesse – BO -). For the conscientious practice include, in particular the observance of the rules to practice in the aforementioned professions. Here it is defined in § 25, sentence 1, that the physician has to proceed in issuing medical reports and certificates with the necessary caution and declare to the best of his medical beliefs.

114. This professional commitment is the suspect incriminated in the four cases failed.

115. He has not been observed in all the above four Nervenfachärztlichen report „the standards for psychiatric evaluations.

116. The opinion does not conform to the standards of modern psychiatric practice advice.

117. In addition, the bodies of the clinical diagnoses according to one of two current internationally accepted classification systems. Both classification systems contribute to a better understanding among psychiatrists, as well as to improve communication with its customers in order to improve the transparency of diagnosis at. Prof. Dr. W, who had asked the State Medical Association Hesse in terms of its high reputation in the psychiatric experts to prepare a scientifically-based expert opinion on the Nervenfachärztlichen report drawn up by the accused „(hereinafter referred to as an expert“) and submit it Recalling the relevant literature in his expert opinion from 14.02.2009 convincing is the conclusion that there was in Germany, the ICD-10 classification system in clinical use. Even the accused’s statement at the trial on 16/11/2009 at appropriate question, in general, he used this scale, which was detected in other reports. He has also pointed out that only the adjustment disorders diagnosed by him are included in this scale, but not the other diagnoses that fell out of this scale. “

118. The diagnosis was made, however none of the four by the State Medical Association objected to legal advice by one of the standard as specified by the expert classification systems (ICD-10 or DSM-IV). Moreover, it is missing in all four reports of the experts called by the technical standard called differentiated psychological and psychopathological finding study, which is the core of the psychiatric evaluation. It is within the description of the cross-sectional image of the emotional state of the subjects, the task of the examiner, the debt and put the self in relation to each other. Here, symptoms and observations are summarized, from which derived logically comprehensible then the syndrome and the diagnosis.

119. This does not meet the requirements laid down in the various reports survey findings.

120. In the case of Mr. G is out of the psychological findings on page 6 of the opinion, the diagnosis is on page 7 under the Section III, Summary and Evaluation „is not logically comprehensible. There is a clinical question, which is clearly a paranoid corresponds querulous development „. In contrast, mental finding is reported, Mr. G is bewusstseinsklar and oriented, and could find no mnestic or cognitive deficits. An indication of psychotic experience can not find him. It also indicated that the patient was outraged at the outset of the arrangement of a psychiatric examination and aimed at the perceived as scandalous and criminal activities in his office and specifically describe his person to detail. “ There is a fixation on his view of things, which in their nature and extent of development consistent with paranoid querulous. This required the setting in terms of debt and self-assessment can not be seen. In particular, at no point explained to understand why the fixation of the subjects identified clearly on his view of events in the department „is a form-paranoid querulous development. This term is not in this name in the ICD-10 included. The paranoia and the paranoid state image „are among F22.0, the delusional disorder, then dealt with, and the querulous delusion,“ is described in F22.8. Thus, following the convincing arguments of the experts, other persistent delusional disorder „meant. The terminology used by the accused is found in the older tradition of psychiatry. After that is when the paranoid reaction to experience a form of abnormal mental reaction to a traumatizing event. A tendency to-self personality reacts to the event (for example, insult, humiliation, shame) with affective reference, in which morbidity is, however, at least temporarily insight. After the convincing arguments of the experts, however, the symptoms usually disappear after a few weeks to months. The complainer is in the tradition of the earlier psychiatric entitled Haber, nörgelsüchtige a suspicious person who is opposed to any reasonable proposal and constantly complained about incorrect behavior of others, easily excited and always dissatisfied with the circumstances is. The definition of madness „(derived from the Greek word paranoia“) indicates a discrepancy in the literature in the private real conviction of the reality (the Wahnwirklichkeit is not the reality).

121. Why does the assessor in advance of the events described by the subjects – so far can be used on each section I of its report with the details of the respective subjects – for delusional, properly assessed, therefore does not reflect reality at any point is out of the report and opens up even from the context.

122. The corresponding technical error found in the opinions on both M and R.

123. In mental examination findings (Page 7 of the report) on M is also shown that it find no evidence of psychotic experience. Only in the extreme by the expert as seen „narrowing of the thought world“ of volunteers to the alleged injustice done to him is „the conclusion of the accused based his beliefs have evolved in this regard are referred to as querulous paranoia ‚. This is obviously not logically derivable from the opinion.

124. The psychological exam is in the case of Mrs. R even shorter, and concludes with the statement that it find no evidence of psychotic experience. Under Section II, Summary and Evaluation „WAY IN WHICH diagnosis of adjustment disorder with depression, psychosomatic symptoms and partially paranoid ‚discloses itself from the evidence does not. It must be presumed that the author of the opinion here refers to the women’s own statements of R in terms of Section I, in which they also like the other volunteers, the events at her office in the IRS Criminal Division, and later, after their implementation represented in the service center right has. This is consistent with the representation of the accused at the trial. There he expressed in connection with the statements of experts, which is the core of the psychiatric assessment of the psychological and psychopathological findings, which he contradicted. For him, the history of the core of the psychiatric evaluation. This view was reinforced by the accused, but no guarantees or professional on the court logically comprehensible made. His repeated statements that the subjects themselves are indeed more or less assumed to be incapacitated or elsewhere, they are assumed, without rehabilitation or without resumption of work at the IRS Criminal not to become healthy again, showing that he self-assessment of the subjects, regardless of their mental illness that he certifies the measure of its assessment and makes evaluation of the inspection result.

125. This goes against the standard of today’s psychiatric practice advice. Then, according to survey findings and differentiated psychopathological determining the severity of individual up the classification of psychopathological symptoms of the lesion under a legal concept of illness is required. Then would be a hypothesis about the fault-term disability because of the clinical experience, knowledge development and to identify the probability with which applies the clinical hypothesis. It is part of the standard technical approach to include existing reports of previous psychiatric, psychotherapy, psychosomatic inpatient or outpatient therapy in the development of this hypothesis. Again, this has not happened in this case.

126. There is no a reasonable and logical discussion of the present in the cases M and R as well as reports of underground clinicsIn which they had resided for a longer period and were discharged with significantly improved symptoms. Even in the case of Mr. G had made this available to him at least the medical assessments of the company doctor, Dr. H. From the assessments made by the occupational physician can be deduced that the workplace conflict as a disease trigger and look at the use of Mr. G in accordance with his training and experience with performance stops at healthy working conditions „for a rule necessary.

127. In the three reports of the accused, in which a paranoid (delusional) Development – and, when R – from partially paranoid symptomsIs diagnosed, „the accused has the compelling findings of the expert violated the principle that a surveyor to draw – especially for a single brief encounter – has always considered that the claims of the subjects may also correspond to reality. Even in the strangest claims to have a convincing explanation of the experts of the experts on neutrality also requires the information as a possible reality, at least to consider. This has necessarily come to expressing opinions. A similar consideration can be found in the opinions of the suspect not, so that it can be assumed that he has violated his duty of neutrality requirement.

128. This lack of advice could not be resolved, not only after discussion in the trial, the corresponding impression was solidified contrary to the court because of the statements of the accused. He has said that the four subjects were easily able to come back to work, to avoid invalidity „to. At the appropriate court on the second demand of the courtroom, he said that this should not ignore the mental illness of the subjects, but if a respondent feels that he should be forced into, he could simply avoid, as he again appeared to the service, of course, If the health reasons against this. In connection with the fact that he said upon inquiry by the Court, paranoid in his chosen words, querulous, „he meant none whatsoever Wahnform, can be to the satisfaction of the court find that the diagnoses made in the report relating to choice of words paranoid „are neither consistent nor transparent. Because this consistency from the expert’s report has revealed itself, there will no longer be actionable at the fact that the diagnoses made not by the explanations and demands at the trial could be explained

129. Even the officials of the U established diagnosis of a significant adjustment disorder „is from the opinion, particularly the psychological findings on page 7 above, which consists of just 8 rows, not derivable. This is particularly true when the accused has made himself at the hearing that this condition is included in the classification system ICD-10. Why he has not yet specified the classification, is incomprehensible. When asked by the court and a statement that the clinical picture of an adjustment disorder „after the literature was easily treated and the symptoms usually lasted no longer than 6 months, also for longer-term psychotherapeutic and pharmacotherapeutic target disorders are treatable, said the suspect, this would but the symptoms for more than two years suspended. This leads to the conclusion that the accused has not really meant in the ICD-10 defined clinical picture. The literature that is described in the fact that the so-called prolonged depressive reaction, „(F43.21) in response to a prolonged stress situation no longer than two years minimum.

130. Another serious shortcomings in the preparation of expert reports is the lack of any psychological test investigations. As far as the accused in its geared to enter an appearance that the auditor communicates in his general observations, that psychological testing studies are not generally required for a proper psychiatric examination, but only if their earnings resulting from additional guidance in answering the questions of evidence, “ Note this goes wrong in this case.

131. The expert points out, namely, that in cases where it related to psychoreactive disorders and / or personality disorders, it corresponds to today’s standards to include the additional knowledge gained through the Test Psychology investigation with an expert opinion. Psychoreactive present disturbances in speech, namely, the reactions of the subjects of these events are described in the workplace. Of all of the available reports findings and opinions go, this has the accused at the trial expressed himself so.

132. The expert has cogently stated that in the case of the opinion of the accused with the finding of a paranoid development, “ querulous paranoia-DevelopmentAnd partially paranoid symptoms „- the advice in relation to Mr G, Mr M and Mrs R – Test Psychology studies that have used this case either the security or the relativization of the given diagnostic statements that essential ‚otherwise. Further, the evaluators noted in these cases would present the Test Psychology investigation belongs to the modern tools to carry out an impartial psychiatric examination, the scientific possibilities of obtaining knowledge and the current development of scientific knowledge of mental health levels would meet (see page 28, 29 the opinion). If in fact turned out to test the psychological examination, suggested that the disturbance due to the test results could not be substantiated, would be discussed in the report, as the discrepancy between clinical assessment and Test Psychology assessment was assessed.

133. In the three aforementioned cases, this is all the more so because the findings made by the defendants in a paranoid development, „querulous paranoia-Development“ and partially paranoid symptoms „in these previous findings and physician medical reports are not included and there also no evidence for these diagnoses is given.

134. The expert expressed to a psychiatric expert was to require that the existing scientific instrument such as a medical discipline would be properly exploited, this was not the case here.

135. Furthermore, a lack of evaluations is that the content of the technical examination of the available medical reports and statements lacking specialist, who had brought the nominees in the investigations. The assessor shall convincingly argues that the inclusion of reports of previous psychiatric, psychotherapeutic and psychosomatic outpatient and inpatient treatment in the assessment is essential. In particular, the treating physicians and psychologists have observed that the subjects discussed over several or many hours, days and weeks at a time, and could contribute significant statements about personality structure, Leidensschwere and development of volunteers. That was specifically the more weight, because the suspect had used in the four cases, only one short measured time of less than two hours for the assessment. In particular, emphasized that the documental evidence of a stationary psychotherapy stay or not (see the cases of M and R and U) of very high weight, since not only a longer treatment, but also a clinician observing behavior have the volunteers can take place. This knowledge gained go far above him who was here in the scheduled period can be obtained, also. In consequence it was necessary to identify in the report submitted to the previous findings carefully, they incorporate into these considerations, and also to represent the inclusion, in the event that there are any differences, they prove thoroughly understandable and, above all things.

136. These requirements are four reports of the accused is not just. This also applies in the case of U. In the opinion of the accused subjects will not be quoted and discussed it in the context of psychotherapeutic pretreatments and millieutherapeutischen measures to improve mood and a widespread decline throughout the first described disease symptoms had come. The accused is to present the diagnosis of a significant adjustment disorder „and discussed the discrepancy between the diagnostic detection of pre-treatment for his diagnosis. In addition, the expert expressed in the case of Mr. U: The evaluation period of only about an hour, is formally not likely to carry out such a serious evaluation based on the forecast, as it is carried out in the report. It is not suitable to correct the findings of the inpatient psychotherapy. The report then moves on to court.

137. This also applies to the statement in the report that one of a irreversible chronicProceed „should. This is not discussed in the report text and not documented. Why is a follow-up of official channels should be regarded as not being indexed, is not consistent with the good cure rates adjustment disorder „and the current psychotherapeutic and pharmacotherapeutic treatment of this disorder with the general psychiatric expertise. At the trial, the accused could in this regard upon inquiry of the court give no comprehensible explanation. He expressed, chronic or chronifiziert (which would be equivalent respectively) the opposite of acute. This meant that the outbreak of the disease or the onset of symptoms for more than half a year ago was. The per se, so tell us nothing about the reversibility and prognosis. It remains unclear clear why the suspect posed in his report of a chronic irreversible and is a follow-up of an ex officio as a non-indexed.

138. Even the appearance of the accused regarding the omission of test-psychological studies unable to relieve him. Both in his written appearance, as well as at the trial, he represents that he is out by the results of test analysis which could not ultimately diverted to that found diagnoses were correct. However, this is aimed at the accuracy of diagnosis in the result, which is not in this case is the subject of the proceedings and not on the charge of having violated fachpsychiatrische standards in preparing its report.

139. Even the utterance of the accused at the end of the second days of negotiations at the expert’s opinion, Professor W, it was not decisive, what name you give to the clinical pictures of the four subjects was decisive but that all four people were mentally ill, long time for this reason were on sick leave, and by his own admission also did not return to work, demonstrates to the satisfaction of the court that he regards the production of medical experts was not with the necessary care, which is the application of the procedural standards of today’s psychiatric practice opinions heard.

140. This is the outcome of the trial, obtained convictions of the court, supported by further observations of the accused, in the words chosen by the querulous paranoid, „he meant none whatsoever Wahnform. He had also spoken only by a querulous paranoid-development, but not from a personality disorder. This leaves open what he wanted to make with these diagnoses ultimately expressed, it is vital that he has chosen for the diagnostic terms that, as convincingly demonstrated by the expert are shown clinically and professionally with certain content and from the opinion does not demonstrate that he otherwise, as to bring the concepts associated with the disease patterns reflected wanted. In the context of his presentation at the trial, was not his view of the psychological and psychopathological finding the core of the psychiatric evaluation, the most important thing was rather the patient’s history, is to convince the court to assume that the suspect, the paranoid, the term „related findings in the report to Messrs G and M and Mrs R to the experienced in the history-taking experience of the subjects and thus relates the events in the treasury. Literally, the expert expresses this: Paranoid would mean that it is a delusional, not reality, perception and experience processing is appropriate. „This impression has been reinforced as a result of the trial for the court, where it is deemed that the auditor also which he repeatedly highlighted media behavior of the subjects, which was already known to him in the preparation of the report, as he has pointed out, given disease value. On the question of the court, he has explained in this context that the subjects had at the time of his examination has already run public relations for years, but nothing had come out, which speaks for its adoption. But the thing that they have followed, show that they are a leader in non-rational considerations, but the concern to discover something where there is perhaps nothing more to reveal. This appearance of the accused is not suited to providing the expert advice in this regard was defective violation of neutrality principle by the accused who does not even draw hypothetical whereas the data of the subjects could also be partly or entirely eliminate correspond to reality.

141. For paranoid tendencies there is after the convincing arguments of the experts with regard to the relevant literature in modern psychology test various methods to obtain additional diagnostic clues here for the review of such hypotheses. The appearance by a defendant at the trial on the charge that he had no test conducted psychological tests, is that he expresses the clinical condition was replaced by non-psychological test investigations, also were in the rehab clinics each test – psychological studies have been carried out. This appearance can the accused of the charge of lack of verification of his hypothesis of the existence of paranoid symptoms paranoid or partially relieve symptoms. As has been sufficiently clarified, it is not a replacement „of the clinical findings, on the other were the diagnoses made in the clinics, as illustrated above in detail, not just on the finding of paranoid, paranoid or partially querulous paranoid symptoms. In particular, the fact that he presented different diagnoses, should have prompted the defendant to his hypotheses initially disclosed as such and then verified by test-psychological investigations.

142. In addition, the accused’s fault that he has taken not only without dealing with different preconceptions and without medical review of his medical history, based mainly on the diagnosis from his technical perspective, the finding in subjects at G, M and R, in each case constitutes an illness before, which leads to prolonged incapacity and disablement part. This is from the given representation in the opinion does not, as necessary, logical and understandable to the convincing arguments of the experts and non-specialist to understand.

143. With regard to the relevant statement in the case of Mr. U, this was due to a significant adjustment of the diagnosed disorder, which is chronifiziert due to their causes and course of the past is irreversible and as regarded, although plans. The divergent diagnoses from the doctor’s medical report from the psychosomatic clinic in which he is from 11.10. had stayed steady until 21.11.2006, which are different recurrent depressive disorder, current episode medium grade „(ICD-10 F33.1), undifferentiated somatization disorder (ICD-10 F45.1), obesity (ICD-10 E66.0) and tinnitus aurium „(ICD-10 H93.1). The diagnoses were made there, supported by an additional test-psychological investigation. As part of the psychotherapeutic treatment at the clinic took place is set out in the doctor’s report that there had been an improvement in mood and a widespread decline throughout the first described disease symptoms. Contrary to professional practice, this is not cited in the opinion of the accused and not discussed. Instead, the defendant makes the diagnosis of a significant adjustment disorder „and discussed the discrepancy between the diagnostic detection of pre-treatment for his diagnosis. The suspect is a such a way that he had his diagnosis and continued in accordance with the submitted to him by the subjects presented and the opinions attached documents. This is logical and non-specialist to understand and can do the allegation that he had no findings in its report presented with due diligence and also not discussed, not eliminate. It is, as the expert has convincingly shown, also technically incorrect to equate the above diagnoses of pre-treatment with the diagnosis made by the accused of a serious adjustment disorder „. This constitutes a violation of logical consistency dar.

144. Noting that adjustment disorders are considered illnesses in the professional world that are amenable to treatment, the statement in the expert’s opinion that they had to start from an irreversible chronic „not as required, discussed in the report text and documented. As far as he got involved in the trial, the effect on demand, although the disease must be cured for at least two years, he has given to further inquiry, that this two-year period running until the end of the impact of the triggering events or can begin. This clearly indicates that this period in the preparation of the report could still play a role, as set out in the history, that the injuries described by the states and volunteers at work continuing.

145. After all, it is clear that even if U is suffering, the report of technical defects that lead to that the fact finding of permanent incapacity and partial incapacity is not obvious professionally and logically from its contents.

146. The violation of professional standards in the preparation of Nervenfachärztlichen advice „of the defendant occurred after satisfaction of the court and deliberately.

147. The Accused is evidenced by his professional career and he set out at the trial specialist by the expert knowledge about the current standards expounded in the present psychiatric department informed assessments. His knowledge in this respect concerning the psychiatric literature and practice at the trial clearly come to light.

148. Justification or excuse are not available. Keep the question of whether the framework of its long-standing activity as an external independent expert reviewer for the Hessian Ministry of Supply and Social Services in A-town practice, „could have occurred, of which he thought he should, needed in the present case not pursued further be. For one lie after its decision before the outcome of the trial no evidence, on the other hand, the professional duty of a physician, § 25, clause 1 of the professional discipline of physicians in Hesse unconditional. Consequently, in issuing medical reports by doctors with the necessary diligence process, which required the application of specific knowledge relating his own field, and the doctor has to express to the best of his medical beliefs. Under the clear wording of the rules are so professional guidance or expectation of real or perceived acts of a third party, including the one hand, the patient himself, the other also includes the client, to disregard the doctor to prepare its opinion on.

Tenor and Grounds VI.

149. In assessing the amount of berufsgerichtlichen penalty was reasonable to initially assume that the berufsgerichtliche procedures – as well as in the civil service disciplinary procedures – the principle of unity of professional negligence „applies. This requires, as a rule, even different breaches of medical duties that are carried out in a single period up to the initiation of proceedings berufsgerichtlichen to undergo a single assessment made. It follows, among other things, that because of several violations

150. – In this case, four violations – the measures imposed in the sentencing verdict not be broken down into individual violations (case law, see Provincial Court for professionals in the Hessen Administrative Court, ruling dated 27 July 1994 – Az: LBG 2078/89, with further references; Court of Appeal Casting for professionals in the Administrative Court A-town, ruling of 14.11.2001 – 21 B 3400/00 [V], Court of Appeal for health professionals in the Administrative Court, ruling of 09.06.2009 – 21 K 4481/08.GI.B). The number of infringements has followed in addition to its gravity only affect the penalty to be imposed.

151. In selecting and assessing the berufsgerichtlichen measures on the basis of § 50 HBG is basically the weight of the misconduct of the accused, his personality, the extent of his guilt, but to also take into account the need to preserve the reputation of the health professional and public confidence in the integrity and reliability of the to secure a doctor to ensure the functioning of the medical profession (case law, see Provincial Court for professionals in the Hessen Administrative Court, ruling of 27 August 2008, Az: 25 A 141/08.B mw) N..

152. That medical aspects of nursing is part of the state disciplinary law – unlike the criminal law – not oppressive, and therefore not tatbezogen. Therefore priority is the overall behavior and overall personality of the accused would be to view the behavior shown from the resulting doubts about the reliability of his profession, taking Pflichtenmahnung the individual is paramount. In addition to the weight of professional negligence, the prognosis of the future behavior of the defendant is crucial, therefore, the question to what extent he needs to pflichtenmahnenden exposure to refrain in future a professional misconduct. According to the law of the Provincial Court for professionals in the Hessen Administrative Court, following the judge or court, is assumed by the principle of gradual increase of disciplinary action, according to the benefit of a fair and meaningful educational effects severe measures should only be used if Minor had failed (Provincial Court for professionals in the Hessen Administrative Court, cited above).

153. In applying these principles, the Court first considered it necessary to bring a reference by saying the following professional disapproval of the actions of the accused in preparing its nervenfachärztlichen opinions to express, in the context of the goal, the reputation of the true members of the profession and the confidence the population in the integrity and reliability of back up members of the profession.

154. With regard to the weight of professional negligence was initially included in the assessment that we are dealing with four offenses, each also creates reports in violation of need for more specialized needs were. Hence the imposition of an additional penalty was necessary in addition to the reference.

155. Noting that the accused was not apparent to the court that he realizes his wrongdoing, it required the imposition of a fine, not too low to achieve the goal of preventing professional misconduct in the medical work of the defendants in the future. On the other hand, the Court holds, in view of the fact that the accused is the first professional law have appeared and in view of the negative impact of the publicity he presented the matter to the public for his personal and professional advancement, it is sufficient to impose a fine in the amount established pronounce.


Tenor and Grounds VII

156. The costs are based on § 78 HGB. Thereafter, the accused has to bear the costs because he has been convicted (§ 74 para 4 sentence 1 HGB).

157. On the basis of § 78 paragraph 2 sentence 2 HGB the fee taking into account the complexity of the case and the personal circumstances of the accused in the upper part of the framework set between 700.00 euros and 2000,00 Euro was fixed at 1,500.00 Euro.

The accused is imposed and given a reference for breach of his medical ethics, a fine in the amount of 12.000,00 euros.

The accused has to bear the costs of the proceedings.

The fee is to 1,500.00 Euro fixed.

§ 22 Hessian health profession Act, § 25 sentence 1 of the Professional Code for the doctors in Hesse

Ultimately, the decision is an illustration of what must be endured bullying victims and what they will probably remain their whole lives. An assessment and Diagonose about the perpetrators, as the finance minister of Hesse, Weimar has been missing altogether, and should now finally be at the request of the prosecutor.

The extent of FOC Referee today may still work, is probably another point in the case. His expert skills can be learned in all matters in doubt and should do the same.

Sources among the victims:; art25, 206,476 ~ ECF0247A773D54B7BADBF2E89DBCDD45F ATpl ~ ~ ~ Ecommon Scontent.html