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Triple Stress
By Elissa Bernstein
Andrew Watson was retiring. The Police Department organized a reception to honor 25 years of faithful service.
But instead of sharing in Andrew’s happiness, his co-workers were already grumbling.
“Sandy,” Jim whispered. “We’re in for big trouble. Three of us did the filing and cataloguing. Rumor is, the Department’s too cheap to hire someone to replace Andrew.”
Unfortunately, Jim was right. The two men worked overtime every night.
All the work finally took its toll. One morning, Sandy’s back went out.
The injury proved to me more serious than anyone had imagined. First surgery, then rehab.
“Looks like you’ll be out for at least a year,” proclaimed the doctor gravely.
Jim was now alone, doing the work of three men. Day and night were spent at the office.
“Don’t take this abuse,” warned his concerned wife. “Stand up to them. You’re killing yourself trying to do the work of three because they’re too cheap to hire two other people.”
“I can’t,” he responded helplessly. “The job needs to get done. I’ll be fine. Besides, mom always said not to complain.”
It was therefore up to his body to do the complaining.
“I’ve got pains in my chest,” he said, waking up his wife in the middle of the night. “I think I’m having a heart attack.”
“Nothing wrong with your heart,” the doctor told him at the hospital. “But you’re having a nervous breakdown. The stress of trying to handle a job meant for three people did you in. Just look at this: anxiety disorder, obsessive compulsive disorder, adjustment disorder.”
Worker’s compensation refused to pay him for the work he missed. “Nothing extraordinary took place at work to cause this stress,” they told him.
Jim took Worker’s Compensation to court.
IN THE COURTROOM
“Nothing extraordinary?” yelled Jim. “How dare they! I’ve been working for the department for 14 years and there’s never been just one person doing the job. I’ve been busting my butt to make sure the work gets done, but when the work almost kills me, they’re too cheap to pay!”
“Your honour,” answered the lawyer for Worker’s Compensation. “People leave their jobs all the time, for many reasons. Jim needs to get used to changing circumstances. Worker’s Compensation doesn’t exist to compensate Jim for a difficult job. We only come in when there’s been an accident.”
Must Worker’s Compensation pay for Jim’s injuries? You! be the Judge. Then look below for the court's decision.
THE DECISION
“No compensation, Jim,” said the judge. “I’m sorry that you’ve had such a difficult time, and that your work made you sick, but that’s not enough to award compensation. The law requires that there be extraordinary circumstances. Records show that in the past, the job was done by a single person. The fact that Jim worked alone is therefore hardly extraordinary.”
This column is based on a case from Mississippi. If you have a similar
problem, please contact a lawyer in your jurisdiction. We are proud to
bring you some of the current legal issues from across the country for
discussion and debate. To provide compelling entertainment, we have fictionalized
the names, the characters and the scenarios in the case. Any resemblance
to real people is purely coincidental. In the interest of clarity and
brevity, the legal issues in the case have been greatly reduced and simplified.
Elissa Bernstein is a lawyer and nationally syndicated columnist. Copyright
2007 Haika Enterprises AS1-1 (AS1-6).
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