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P began working for D in 1984 as an assembly line worker. At the time of the trial, she was a fifty-year-old individual with a high school education and no other additional formal education or vocational training. On November 6, 1998, one of P's co-workers lacerated his hand, which resulted in some of the co-worker's blood getting on P's hand. P testified that she had open cuts on her hands as well as a fresh manicure. P testified that as a result of getting this blood on her hands, she was 'out of control,' 'nervous,' 'screaming for help,' 'upset,' 'shaking,' and 'hysterical.' She explained that she believed the blood that she got on her hands to be HIV positive. P based this conclusion on the following facts: the co-worker was sick all the time; he had been isolated in the work environment; he had friends at work who had died of AIDS; he appeared very frail; he was on the mailing list of a gay rights organization; and he 'looked and acted gay.' P began having panic attacks about a week or so thereafter. P sought medical treatment from her family practitioner. The doctor took her off work for six weeks beginning November 11, 1998, due to 'agitated depression.' P now disinfects her bathroom every time she uses it; she has only been able to go to restaurants with her family on a few occasions; she has difficulty sleeping; she tries to distance herself from others; and on the occasions that she attends church, she sits between her daughters for security. She has attended a few family gatherings but stays by herself in a room. She no longer has sexual relations with her husband. D referred P to psychiatrist Dr. Joel Reisman and his partner, psychologist Dr. Roland Lee. At trial, the court admitted into evidence the deposition testimony of these two doctors, as well as the deposition testimony of Dr. Michael Gelfand, a specialist in the field of infectious disease. Dr. Reisman diagnosed P with Post-Traumatic Stress Disorder (PTSD) caused by the 'work-related injury of November 1998.' P was vocationally impaired because she should not engage in assembly line or production work where blood could be shed, work involving the public, or work that would require a great deal of concentration or focus. Dr. Lee testified that P's fear is real and that her perception of the events that transpired is her reality. According to Dr. Lee, this fear interferes with P's cognitive functioning and social interaction. Dr. Michael Gelfand tested P five times for HIV and all five tests were negative. Dr. Gelfand testified that P's chance of becoming infected was infinitely small by virtue of the unknown status of the source and the mechanism of claimed contact. The court held that P suffered a vocational disability as a result of the psychological consequences of her injury. The court awarded P permanent partial disability of 38% to her mental faculties, a scheduled member injury. D appealed. D argues that because Guess offered no credible proof that she was actually exposed to HIV-contaminated blood, there was no basis for her fear and therefore she did not suffer a compensable injury.

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