[ RadSafe ] Radiation Phobia

[Flood, John]

OOOOOKAAAAY - let me see if I got this straight - if I can convince my
employer that I suffer from an irrational fear of something that didn't
happen in the workplace, I will qualify for worker's compensation?  I
think I have some forms to fill out.

Bob Flood
Nevada Test Site

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On
Behalf Of Roy Parker
Sent: Wednesday, February 01, 2006 7:54 AM
To: Radsafe
Subject: [ RadSafe ] Radiation Phobia


COURT AWARDS WORKER'S COMPENSATION TO EMPLOYEE FOR FEAR OF EXPOSURE TO
HAZARDOUS MATERIAL

On November 29, 2005, the Supreme Court of Tennessee upheld a worker's
compensation claim for mental injuries stemming from driver's belief
that he had been exposed to radioactive material.

This case arose out of a truck driver's contact with a leaking container
that was labeled as radioactive waste.  Although the driver suffered no
physical injuries and was not actually exposed to radiation, the court
determined that the driver's post traumatic stress disorder, depression,
fatigue and anxiety were rationally connected to his contact with the
hazardous material.

In upholding the circuit court's award, the supreme court further
determined that the driver's emotional injuries occurred in the course
of employment and that injuries that are purely emotional are
compensable under Tennessee' s Workers Compensation Act where they
result from an identifiable, stressful, work-related event that produces
excessive unexpected anxiety. The court drew a distinction between the
stress associated with the driver's belief that he had been exposed to
radioactive waste and the stress that results from normal-employment
related activities, which is not compensable.

Saylor v. Lakeway Trucking __S.W.3d__2005 WL 3163521 (Tenn., November
29,
2005)

See http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/054/SaylorWHopn.pdf

Roy A. Parker, Ph.D.
roy(at)royparker.org


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