[ RadSafe ] Radiation Phobia

[Roy Parker]

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