[ RadSafe ] Radiation Phobia

John Andrews andrewsjp at chartertn.net
Wed Feb 1 21:09:04 CST 2006




Roy Parker wrote:

>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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>  
>


Now we all understand why in the Florida case of the lost Kr85 that 
everyone was given the full treatment and declared clean by firemen 
wearing full regalia and checking everyone with pancake GM detectors.  
It is called CYA.

John Andrews, Knoxville, Tennessee



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