Former AA flight attendant files suit

[Hatu]

A former American Airlines flight attendant has filed a wrongful termination lawsuit against AMR Corp. and American.
According to the suit, filed in Tarrant County District Court, Lori Swain says she was fired in September as a result of filing workers' compensation claim.

Swain says in the lawsuit that she filed the claim after suffering from carbon monoxide poisoning while working a flight in March 2006 from Dallas to Denver.

http://biz.yahoo.com/bizj/070404/1442365.html?.v=1

 

[eolesen]

So.... why didn't APFA grieve this thru the normal channels?

Or, is it one of those cases where the union couldn't find anything to grieve, thus the employee files a wrongfull termination lawsuit and grasps at straws?...

 

[twaokc]

The mouth speaks again

So.... why didn't APFA grieve this thru the normal channels?

Or, is it one of those cases where the union couldn't find anything to grieve, thus the employee files a wrongfull termination lawsuit and grasps at straws?...

 

[ch53D]

The mouth speaks again

I don’t want to stick up for eolesen because he does a good job of that on his own, but he does have a point.

I think there’s much more to this story then a Star Telegram story is reporting.

 

[nbmcg01]

I don’t want to stick up for eolesen because he does a good job of that on his own, but he does have a point.

I think there’s much more to this story then a Star Telegram story is reporting.

Worker's Comp has its own rules. And would you really want to put your livelyhood in the hands of the APFA..lol

 

[FWAAA]

CO poisoning? Seriously? What's the deal - were exhaust gasses being pulled into the passenger cabin? Didn't know that was even possible.

 

[ch53D]

Worker's Comp has its own rules. And would you really want to put your livelyhood in the hands of the APFA..lol

We’ll see how this one plays out. There’s more to this story for sure.

 

[ch53D]

CO poisoning? Seriously? What's the deal - were exhaust gasses being pulled into the passenger cabin? Didn't know that was even possible.

MD-80’s have an issue with smoke in the cabin and if it was an MD-80 that caused the issue, I think there’s a possibility. If something is burning there’s a CO issue.

 

[NewHampshire Black Bears]

FIRST, the F/a was taken to the hospital, With OTHER F/a's, ans was DIAGNOSED by a licenced HOSPITAL for C M poisoning. That in it self is a virtual NO BRAINER.

Some things to consider here.

Occasionally, the union employee is better off with private legal representation, as opposed to the weak union.
Case in point(Which my colleague "EOLESEN" know VERY WELL, is the INFAMOUS theft of time case, in 1987, at BOSFF !!

AA LOST that case BADLY, and had Crandall "talking to himself" for Over a year !!
(Wanna bet, that..that arbitrater did'nt get a Xmas bonus from HDQ)

A lot will depend in which state she filed, because the different(state) laws are very vast. (simple "rule of thimb", is ti file in a "BLUE" state.

AA is afraid of only 2 things.("NO", the twu is'ny one of them)
One is Family leave(Monica or NO monica.THANKS Bill Clinton)
The other is(ESPECIALY) Work Comp, in worker friendly states. (DCA is especially good)
NH/BB's

 

[Wretched Wrench]

Lots of bad things happen back in the stairwell.

AA will have a hard time fighting this, as a diagnosis of CO poisoning is pretty cut and dried. The issue will probably be how much it affected her. I had an incident in the fifties, and have been prone to headaches since then.

CO poisoning is serious stuff. The effects are cumulative. If I were crew, I would carry a test card. A Kidde digital tester would be more informative, but TSA would probably evacuate the terminal if they found it in your bag.

BTW, if any of you have RVs with generators, get a good digital detector and monitor it any time your gen or one nearby is operating. CO is insidious and deadly.

 

[nbmcg01]

MD-80’s have an issue with smoke in the cabin and if it was an MD-80 that caused the issue, I think there’s a possibility. If something is burning there’s a CO issue.

Worker's Comp companies all react in concert with the Co's wishes. Hartfort, or Specialty Risk Services( which in the past has administered AA's plan) often tries to controvert claims or have the employee certified maximum medical benefit. This is at AA's bidding. I have seen a completely different side of SRS with an employer that says, "Give them everything they medically need". I have never seen anything like the way AA handles WC. Legitimate cases are "maxed" out, leaving the person without any means of continuing medical care, people almost badgered into not filing as WC but as a personal issue. Of course they (supvs.) don't explain that to do so is insurance fraud. The injured winds up with co-pays, loss of accrued sick time, no settlement, and the Co. gets better stats. Some trade-off.

For those of us who have flown "many" years, we have always wondered how many brain cells have been destroyed by airplane "fumes"...lol It is called jetheimers.

 

[eolesen]

Dunno. This isn't a matter of the claim being shortchanged, but instead a wrongful termination suit. I still say she was fired for something else, and is using the previous WC claim as a smokescreen to gain some credibility in the court of public opinion and perhaps try to coerce AMR into a settlement.

I find it very hard to believe anyone would be fired over a WC claim alone, otherwise there's a high percentage of fleet service clerks who would be fired on a regular basis.

If it were the case, you don't even need to go thru the expense of hiring an attorney, since the state usually intervenes on an employees behalf when it's a clear-cut case of reprisal, and the union should be assisting as well.

Anyone know an APFA rep for IDF or DFW who might be able to speculate?...

 

[nbmcg01]

Dunno. This isn't a matter of the claim being shortchanged, but instead a wrongful termination suit. I still say she was fired for something else, and is using the previous WC claim as a smokescreen to gain some credibility in the court of public opinion and perhaps try to coerce AMR into a settlement.

I find it very hard to believe anyone would be fired over a WC claim alone, otherwise there's a high percentage of fleet service clerks who would be fired on a regular basis.

If it were the case, you don't even need to go thru the expense of hiring an attorney, since the state usually intervenes on an employees behalf when it's a clear-cut case of reprisal, and the union should be assisting as well.

Anyone know an APFA rep for IDF or DFW who might be able to speculate?...

WC attorneys work on a % of any recovery. I disagree with you about not being terminated for WC. If AAs chosen Dr. said she was ok to go back to work and she knew she wasn't there would probably be grounds for temination for failure to come to work. That would have to be hashed out in court. I would never want a union rep to fight this kind of case. (unless it was me..lol)

 

[NewHampshire Black Bears]

WC attorneys work on a % of any recovery. I disagree with you about not being terminated for WC. If AAs chosen Dr. said she was ok to go back to work and she knew she wasn't there would probably be grounds for temination for failure to come to work. That would have to be hashed out in court. I would never want a union rep to fight this kind of case. (unless it was me..lol)

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

C'mon everyone, admit it !! ......We ALL, at one time or another, snicker at the TV ads, that are broadcast all over the "fruited plain", that go(something) like this........"I'm attorney Jerry Ginsberg. If you've been Injured in an accident(at work) , call 888-888-8888" !!

Well dear friends, there IS a reason to do this IMMEDIATELY after you file a WC claim with your supervisor. It IMMEDIATELY sends a signal to AA/SRS, to "think twice" about (possibly) trying to screw you over.

For one thing, it "STOPS, dead in their tracks", SRS from calling you on the phone.

Also, the WC lawyers have "their doctors"(LIKE AA) !!

If AA/SRS does'nt contest the case,or ever try to put pressure on the person, ...well then the trip/phone call, to "Gerry's" office was NOT necessary.

"BUT" , if thats NOT the case,...well....you'll be wishing that you did call ol' "GERRY"

Remember my earlier words.
"AA only fears 2 things"(for the workers)....Family Leave, and WC.
(Which is why "Big Business" supports Red state/GOP legislation to attempt to lessen, or ERADICATE programs like FMLA/WC) !!!!!!!!!!!!!


NH/BB's

 

[eolesen]

Oh, please, Bears. If you really believe that anyone at AA is soiling themselves over FMLA or WC issues, it's time to up your Geritol.

BTW, I'm still waiting to hear your justification for there only being two TWU members from BOS on the Pupoff list...