MM   Volume  2                                                                                                               Spring 2000

Hunegs, Stone, LeNeave, Kvas & Thornton, P.A. understands that railroad workers have many issues facing them under the legal provisions of the FELA  and RLA. This newsletter is intended to be used solely for general information. It is not legal advice, and cannot, under any circumstances, be relied upon for advice in your particular situation. The lawyers at Hunegs, Stone, LeNeave, Kvas & Thornton, P.A. are always available to answer questions and provide free initial advice. If you have a general legal question that you feel might also help others, please contact us and we will address the topic in future issues of this newsletter

TABLE OF CONTENTS

Record verdict in carpal tunnel case......................... page 1

Dealing Direct ........................................................ page 2

Statute of Limitations .............................................. page 3

FELA - Social Security Act ................................... page 4

Record Verdict for Norfolk Southern Laborer with Carpal Tunnel Syndrome

     The Virginia Supreme Court recently affirmed a verdict of one-half million Dollars in favor of Richard Simpkins, an employee at Shaffers Crossing who developed carpal tunnel syndrome from his work.

     Bill Kvas, who represented Simpkins in the case, said it was one of his most satisfying victories, not only because it was a record, but that Simpkins truly deserved every nickel the jury awarded. Kvas said that for over 20 years, Simpkins was the loyal soldier of the railroad, doing everything they expected him to do. But when their loyal soldier was injured, the Northfork-Southern had no interest in coming to his aid. Kvas argued that the railroad turned its legal guns on Simpkins. Northfork-Southern fired Simpkins right after his first carpal tunnel surgery. He was able to get back to work, only to be fired a second time after additional surgery was necessary.

     Throughout the case, Northfork-Southern engaged in a strategy to delay the case and to have Simpkins' evidence thrown out so a jury would not learn of its conduct. Courageous employees of the shop stepped forward to testify for Simpkins. One employee told the jury that Simpkins was known in the shop as "Superman" because there was not a job that he would not do.

     The railroad tried to tell the jury that it felt bad for Simpkins, but that it was just a coincidence that his carpal tunnel syndrome developed while using a vibrating, high pressure spray hose. Northfork-Southern also tried to tell the jury that it wanted him back as an employee, but the only job they offered was to move him family to Norfolk, Virginia where he could work as a typist. As to the seeming irony of offering a hand intensive, highly repetitive job to an employee with carpal tunnel syndrome, Kvas said that it just shows that the railroad does not understand carpal tunnel syndrome. Kvas went on to say that the railroad does not believe that hand use and vibration causes carpal tunnel syndrome. The railroad hired a Chicago physician at $560.00 per hour to testify that the medical studies do not show that repetitive hand movement or vibration causes carpal tunnel syndrome.

     Kvas hopes that the verdict was a message to Northfork-Southern to review its work practices and change so that other employees will not suffer the same crippling consequences.

     Simpkins and his wife have started construction of their new home on the family farm which was at risk of foreclosure before the verdict..

Copyright  2000,  Hunegs, Stone, LeNeave, Kvas & Thornton  P.A.  All rights reserved.