Medical Delay Award Against Kansas City Southern
Summary
On or about June 15, 2012, A KCS conductor was working on a train servicing the Pabtex facility in Port Arthur, Texas, when he suffered an injury to his left knee. The conductor promptly reported his injury to his KCS supervisor and asked to go to the emergency room. KCS delayed taking the conductor to the hospital for approximately three hours.
Shortly after suffering his injury, the conductor started receiving wage continuation benefits from KCS. On July 17, 2012, Rome, Arata and Baxley LLC, filed a whistleblower complaint against KCS under 49 U.S.C. 20109(c)(1) for its denial, delay, and/or interference with his requested medical treatment. Thereafter, on or about July 24, 2012, the conductor was contacted by KCS clinical case manager, regarding his injury. The conductor told case manager that he was represented by counsel and advised her that she should contact their office with any questions or concerns that she might have. KCS employee apparently never attempted to contact the attorney’s office. Instead, she sent an email to KCS claim agent, wherein she inquired whether KCS should terminate the conductor’s wage continuation benefits. KCS then terminated the conductors benefits on July 25, 2012.
Settlement
- Wage Continuation – $20,000 (Note: Hiring a FELA attorney is protected activity)
- Medical Delay KCS- $48,609 (Note: Railroads may not delay medical care)
- Medical Delay Docs on Call – $2000 (Note: Railroad affiliates are also subject to OSHA penalties for delaying medical care)
