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Ergonomics
Illinois pays $1.5
million in 2009-2010 to corrections officers at Menard Correctional Center
for hand, wrist and elbow injuries purportedly caused by repetitive motions
while locking, unlocking, opening and checking inmate cells. Individual
workers comp. settlements ranged from $21,860 to $119,184, according to
the Illinois Workers' Compensation Commission. Medical bills, sick pay
and legal fees were in addition to compensation for injuries. The facility
opened in 1878 and is not equipped with electrical cell doors or locks.
Starkweather v. Illinois Dept. of Corrections (IWCC, 2010).
Hawaii's compensation
board denies a police dispatcher's claim for repetitive motion injuries.
She could not show a relationship between her job and the condition. Andrade
v. Co. of Hawaii Police Dept., #AB2001-307, 2003 HI Wrk.Comp. Lexis 3 (Haw.
Labor Rel. App. Bd. 2003). [2003 FP Oct]
Illinois' compensation board rejects a police
officer's claim for repetitive motion injuries. The fact that he drives
a patrol car several hours a day, and types various reports, did not establish
an occupational connection. Kruzan v. Jacksonville Police Dept., #00WC069029,
2003 Ill. Wrk. Comp. Lexis 160 (2003). [2003 FP Oct]
Supreme Court holds that carpal tunnel syndrome,
if characterized by muscle atrophy and extreme sensory deficits, is a disability
if the employee is unable to perform the variety of tasks central to most
people's daily lives, and not whether the worker is unable to perform the
tasks associated with a specific job. Toyota Motors v. Williams, 534 U.S.
184 (2002). {N/R}
Controversial proposed OSHA Rule to be rewritten
as guidelines. [2002 FP May]
OSHA officially withdraws its controversial
ergonomics rule. Final Ergonomics Rule was to take effect in Jan. 2001.
OSHA could have fined local governments in 13 states for non compliance.
Congress overturns rule with emergency action. OSHA Ergonomics Rule Withdrawal,
39 (1909) G.E.R.R. (BNA) 515, 66 Fed. Reg. 20403 (4/23/01); Congressional
Resolution, 39 G.E.R.R. (BNA) 384 (3/27/01). [2001 FP 85; 8]
Federal court dismisses an ADA claim for
repetitive motion injuries, because a former city typist had simultaneously
claimed to be (a) disabled, for the purpose of collecting social security
disability benefits, and (b) qualified for continued employment with the
city. Lorde v. City of Philadelphia, #98-5267, 2000 U.S. Dist. Lexis 17196
(Unpub., E.D. Pa.). [2001 FP 62]
Employer agrees to end its practice of genetic-testing
of employees who report on-the-job injuries. 35 workers who had nonconsensual
tests after they complained of repetitive motion injuries can bring individual
claims of up to $300,000. EEOC v. Burlington NSF RR, #CO1-4013-MWB (D.
Iowa 2001).
State of Washington adopts an ergonomics
rule, which requires employers to evaluate jobs to identify potential ergonomic
risks, 68 Law Week 741. Text: www.lni.wa.gov/wisha/ergo [2000 FP 8; history
1999 FP 23]
Miami woman settles a worker's comp. claim
for carpal tunnel syndrome, allegedly caused by repetitive motion while
employed as a "phone sex" operator. [ID Confidential] v. Fla.
Dept. of Labor and Empl. Security (Nov. 1999). [2000 FP 8-9]
House passes Bill to halt OSHA's proposed
ergonomics rule on prevention of musculoskeletal disorders. H.R. 987. (Fails
to pass the Senate) [1999 FP 165-6]
Federal appeals court sustains termination
of employee with repetitive stress injuries. No other jobs were available.
DePaoli v. Abbott, #96-2958, 140 F.3d 668, 7 AD Cases (BNA) 1828 , 1998
U.S. App. Lexis 5992 (7th Cir.). [1998 FP 69-70]
Three clerical workers recover $6 million
against keyboard manufacturer for repetitive motion injuries. Estate of
Geressy v. Digital Equip. Corp., 980 F.Supp. 640, 1997 U.S. Dist. Lexis
14332 (E.D.N.Y.). [1998 FP 21]
Federal judge in New Jersey dismisses a suit
against a keyboard manufacturer. Schneck v. I.B.M. Inc., 1996 WL 885789,
1996 U.S.Dist. Lexis 17486 & 10126 (D.N.J.); aff'd #96-5427 (3rd Cir.
1997). [1998 FP 21]
New York courts now provide that the statute
of limitations for repetitive stress injuries starts when a worker learns
of the condition or the last use of a keyboard, whichever is later. Blanco
v. Amer. Tel. & Tel., #203, 1997 N.Y. Lexis 3693, 66 LW 1347. [1998
FP 6]
Federal court in Philadelphia concludes that
federal limitations statute begins when a worker suffered serious symptoms
of carpal tunnel syndrome, and not when the condition later was formally
diagnosed by a physician. Wilson v. Nat. RR. Pass. Corp., #966850, 1997
U.S.Dist. Lexis 15479 (E.D.Pa.). [1998 FP 6-7]
Federal appeals court rejects suit of data
processor who sued a keyboard manufacturer for causing her to suffer bilateral
carpal tunnel syndrome, as a result of using a defective design and a failure
to warn users of the hazards. Schneck v. IBM, #965427 (3d Cir. 1997). {N/R}
Oklahoma Supreme Court denies benefits to
a police officer who claimed his carpal tunnel syndrome was caused or aggravated
by his job. Stoner v. Lawton Police Dept., 934 P.2d 340 (Okla. 1997). [1997
FP 165]
California trial court upholds state's ergonomic
standards, but strikes down two exceptions to coverage. Pulaski v. Cal.
Occ. Saf. & Hlth. Stds. Bd., 27 Occ. S&H Rep. (BNA) 515, 66 LW
1176 (Cal.Super. 1997). [1997 FP 164-5]
Federal court disallows ergonomic expert's
opinion that design flaws caused the injuries of police dispatchers. The
expert failed to use scientifically reliable methodology. Bennett v. PRC
Public Sector Inc., 931 F.Supp. 484 (S.D.Tex. 1996). [1997 FP 69-70]
Federal court rejects suit by postal workers
against keyboard manufacturers alleging "repetitive stress" injuries.
Federal law preempts product liability lawsuits where the equipment reasonable
conforms to government purchasing specifications. Moreover, the manufacturer
had no duty to warn postal workers of the hazards of using the letter-sorting
equipment. Fagans v. Unisys Corp., #95-1062 (D.D.C. 1996), relying on Boyle
v. United Techn., 487 U.S. 500 (1988). {N/R}
OSHA abandons plan to issue a federal ergonomic
standard. 57 Fed.Reg. 34192; 31 (9) Trial (ATLA) 100. [1995 FP 168-9]
Proposed OSHA rule seeks to prevent ergonomic
trauma disorders, including computer keyboard syndrome; public comments
sought. August 3, 1992 edit. of Federal Register [57 FR 34192]. [1992 FP
151]
Four dispatchers awarded $285,000 for alleged
wrist injuries for repetitive work at video display terminals. Palmer v.
King Co., Washington, Super. Ct. #90-2-02650-7, 65 Empl. Health Law &
Benef. 1024 (1991). [1992 FP 46]
Keyboard operations linked to carpal tunnel
syndrome, Lettering Unlimited v. Guy, 321 Md. 305; 582 A.2d 996; 1990 Md.
Lexis 188. [1992 FP 151]
Also see "Handicap
Law and Abilities Discrimination".