FedEx driver owed workers' comp for PTSD, cardiac event - Conn. Supreme Court
- Thread starter newgirl
- Start date
A FedEx Corp. driver diagnosed with post-traumatic stress disorder due in part to a new manager's demands and the stress of a particularly difficult day is due workers compensation benefits, the Connecticut Supreme Court has ruled.
The unanimous ruling earlier this week inWilliam D. Hart v. Federal Express Corp. et al.upheld 47 weeks of temporarily total disability that had been awarded by the state's Workers' Compensation Review Board.
Mr. Hart, then 47 and having worked in and around Mystic, Connecticut, for FedEx since 1987, got a new manager, who greatly increased his workload and twice cited him for infractions, making Mr. Hart worry about his future employment, court records show.
On a hot September day in 2009 and already behind schedule due in part to being ordered to try to redeliver a package, whose recipient was again not there to receive the package — as well as no time for food or restroom breaks — Mr. Hart began to suffer heart palpitations known as atrial flutter, according to the ruling.
During a lengthy period of examinations, he was diagnosed with PTSD.
“There was generally agreement among the medical experts that, although the claimant's atrial fibrillation and arrhythmia likely pre-existed the events of Sept. 15, 2009, the physical stress, dehydration and psychological anxiety that he experienced on that day could have aggravated the condition and caused it to manifest,” the Connecticut high court said, noting that state law requires only that the workplace be proven as a “substantial” factor in determining workers comp eligibility.
The unanimous ruling earlier this week inWilliam D. Hart v. Federal Express Corp. et al.upheld 47 weeks of temporarily total disability that had been awarded by the state's Workers' Compensation Review Board.
Mr. Hart, then 47 and having worked in and around Mystic, Connecticut, for FedEx since 1987, got a new manager, who greatly increased his workload and twice cited him for infractions, making Mr. Hart worry about his future employment, court records show.
On a hot September day in 2009 and already behind schedule due in part to being ordered to try to redeliver a package, whose recipient was again not there to receive the package — as well as no time for food or restroom breaks — Mr. Hart began to suffer heart palpitations known as atrial flutter, according to the ruling.
During a lengthy period of examinations, he was diagnosed with PTSD.
“There was generally agreement among the medical experts that, although the claimant's atrial fibrillation and arrhythmia likely pre-existed the events of Sept. 15, 2009, the physical stress, dehydration and psychological anxiety that he experienced on that day could have aggravated the condition and caused it to manifest,” the Connecticut high court said, noting that state law requires only that the workplace be proven as a “substantial” factor in determining workers comp eligibility.
Fred's Myth
Nonhyphenated American
Wonder how THIS is going to shake out across the company!
MrFedEx
Engorged Member
More lawsuits against the company for stress-related illnesses and more victories for plaintiffs.
MrFedEx
Engorged Member
I can absolutely see FedEx causing PTSD in someone who takes the job seriously and is intimidated by their threats. We have had many couriers go to the ER only to be told they were having an anxiety attack/panic attack. Usually on the days when the stress is the worst.
When my mgr's were putting pkgs in the U.S. Mail to keep me from getting OT, and were threatening me to go along, and a customer stopped me on a highway and came at me with clenched fists about his mailed pkg, I was stressed. When my mgr, who had failed his DOT physical 3 times due to hypertension, screamed at me from 6 inches away that I was ungrateful for him rehiring me when I got a 2nd job, I was stressed. When I found out my mgr lied to me about the location of his JCATS opening to get me fill a very heavy rt, and the location turned into hell on earth, I was stressed. When my mgr totally lied to me about my hours and duties to get me to transfer into a mid-day rt working reload, I was stressed. When my mgr told me I had to flex to my neighbor because she was the A rt shortly after I transferred in, only to find that she, making $5.25hr more than me, was the C rt who was supposed to flex to me, and was getting good OT for months while I struggled to get 40, I was stressed. When my current mgr told me she couldn't give me my first week here off with pay to move here because I wasn't her employee yet, and every other location gladly gave me vacation to move, and I had to attend my stepmother's funeral shortly after arriving, so ended up flat broke, and stressed. And the mgr's in previous location of course told me I couldn't get my previous percentage of range as a rehire when, as it turned out, I could have per policy, and am making almost $4hr less, well I've been stressed as the bills have piled up. We added almost $3400 to our debt in the last 5 weeks due to an E.R. visit and an electrical fire in my wife's rental. And I have plenty of other mgr stories. When a company's primary reason to exist is to make mega millionaires out of the top exec's it puts huge pressure on lower level management to produce to keep their jobs. And many of them get "creative." I've experienced enough at the hands of bad mgr's to know that PTSD is a very real possibility. Certainly depression from being kicked like a dog too much by people who have no business having power over others. Rant over.
Voted the 8th best company in America to work for. Seriously Van all we can hope for is that some day there will be enough employees of that "8th best company to work for", both liberal and conservative who have simply had enough of being kicked around and cuffed around and are not afraid of finally standing up for themselves. The problem is that many have come from poor families and working for Smith is a step up the economic ladder and are afraid that standing up for their rights will put them back in the environment from which they came and well as having a lot of personal debt riding on that job. It is because of these conditions X does whatever it wants to whomever it wants whenever it wants and are simply daring people to take a stand. Just get in the time you need then get the hell out of there before that job kills you.
Cactus
Just telling it like it is
Sounds to me like you're the one who's thin-skinned every time there's a lawsuit against FedEx. You could care less about somebody losing a child but you get all pissy and emotional about Fred losing a few nickels.
Indecisi0n
Well-Known Member
I'm going to get me some PTSD this week.
Operational needs
Virescit Vulnere Virtus
Can you get me some while you're at it?
Cactus
Just telling it like it is
dvalleyjim
Well-Known Member
How is being a driver stressful? You don't own anything, don't make much money and the only way to get fired is to lose your license. Screw this!
59 Dano
I just want to make friends!
The guy is a wimp.
Cactus
Just telling it like it is
Takes one to know one.
werenotthepostoffice
deep down inside I really do not care
Glad I work for big brown. I can look a supervisor in the eye and laugh my behind off at ridiculous demands like,you want me to go back to that house,again? I went there two days ago!
dvalleyjim
Well-Known Member
Uhh, I have been doing this for 22 years, big deal.
OverTheGate
New Member
As an office clerk who suffered a nervous breakdown this last peak and has had lasting difficulties on the job, PTSD is terrifying, humiliating, and very real. It is also no comment on how one is suffering relative to various tragedies and horrors.
Hey Dano, which one of these was my fault?
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