Employer discourages injured worker from filing workers' compensation claim: Retaliatory discharge: Verdict: Punitive damages

Law Reporter, Mar 2003

EMPLOYMENT LAW

Couch v. Pro-Quip Corp., Tex., Jefferson County 60th Jud. Dist. Ct., No. B 164,608, Nov. 18, 2002.

Couch, 42, worked as a pipe fitter, earning approximately $15 per hour. While on the job, Couch suffered an injury to his knee that required medical care. Couch's employer discouraged him from filing a workers' compensation claim and seeking medical treatment from anyone other than the company physician. The employer allegedly threatened that Couch would have a difficult time securing work if he filed the claim.

Couch underwent a magnetic resonance imaging procedure. The following day his employer discharged him, citing a reduction in force.

Couch sued his employer, alleging retaliatory discharge in violation of Texas Lab. Code sec 451.001, which prohibits an employer from discharging or discriminating against an employee who has filed or pursued a workers' compensation claim. Plaintiff introduced evidence that defendant had continued to hire pipe fitters after discharging him.

A jury awarded approximately $852,500, including $10,200 for lost past wages, about $137,250 in compensatory damages, and $705,000 in punitive damages.

Defendant has appealed.

Plaintiff's Counsel

*D. Clinton Brasher, Beaumont, Tex.