Troy Pesterfield v. Tennessee Valley Authority Charles Dean, Marvin T. Runyon John Waters

941 F.2d 437, 1 Am. Disabilities Cas. (BNA) 1858, 1991 U.S. App. LEXIS 18392, 57 Empl. Prac. Dec. (CCH) 40,914, 56 Fair Empl. Prac. Cas. (BNA) 1005, 1991 WL 150044
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 12, 1991
Docket90-6308
StatusPublished
Cited by102 cases

This text of 941 F.2d 437 (Troy Pesterfield v. Tennessee Valley Authority Charles Dean, Marvin T. Runyon John Waters) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Troy Pesterfield v. Tennessee Valley Authority Charles Dean, Marvin T. Runyon John Waters, 941 F.2d 437, 1 Am. Disabilities Cas. (BNA) 1858, 1991 U.S. App. LEXIS 18392, 57 Empl. Prac. Dec. (CCH) 40,914, 56 Fair Empl. Prac. Cas. (BNA) 1005, 1991 WL 150044 (6th Cir. 1991).

Opinion

CONTIE, Senior Circuit Judge.

Plaintiff-appellant, Troy Pesterfield, appeals the district court’s judgment concluding that defendant-appellees, Tennessee Valley Authority (“TVA”), Martin T. Runyon, and John Waters, 1 did not violate the Rehabilitation Act of 1973, 29 U.S.C. §§ 791, 794 (“the Act”). For the following reasons, we affirm.

I.

In 1963, TVA hired plaintiff Troy Pester-field as an iron worker apprentice and employed him as an hourly blue collar construction worker until he injured his ankle on the job on March 11, 1977. The injury resulted in surgery and permanent medical constraints on his ability to perform further construction work. In February 1978, TVA’s Rehabilitation Section found plaintiff work in a temporary annual position as a tool room attendant at the Bull Run Steam Plant. This work was largely sedentary and required little lifting.

For the first year he held the job of tool room attendant, plaintiff performed satisfactorily. In 1979, plaintiff began to have a problem with chronic tardiness and on one occasion received a warning letter from his supervisors when he failed to notify them that he would not be at work because of the weather. Plaintiff was also admonished for not adequately administering the plant’s tool check-out procedure and for being uncooperative and discourteous to coworkers. Maintenance supervisor William Stanfield counseled plaintiff on these deficiencies in February 1979 and again in December 1979. On January 24, 1980, plaintiff was found asleep on the job by his supervisors and was given another warning.

In February 1980, plaintiff began to complain of nervousness and anxiety on the job related to what he perceived to be harassment by his superiors. He was referred by his rehabilitation counselor to psychological counseling and began receiving treatment by a private psychiatrist, Dr. Raymond L. Paine.

On April 9, 1980, plaintiff was hospitalized by Dr. Paine for a combination of mental and physical reasons and entered St. Mary’s Medical Center in Knoxville for psychiatric treatment. He remained hospitalized for five weeks and afterwards continued to see his private psychiatrist regularly. He continually insisted that his psychiatric condition was caused by harassment on the job by his supervisors.

Following his hospitalization, plaintiff at first considered filing a disability retirement claim based on his mental difficulties; however, he was informed that he was not eligible for disability retirement from TVA because he did not have the required five years service as an annual employee. Plaintiff then indicated his intention to return to work. Thereafter, TVA’s Rehabilitation Department requested that Dr. Paine submit a medical summary and recommendation regarding plaintiff’s ability to return to work to Dr. Warren Osborne, TVA’s Chief of Eastern Area Medical Services. In a letter dated June 17, 1980, Dr. Paine submitted his recommendation as follows:

To Whom It May Concern:
Mr. Pesterfield was first seen in my office on March 11, 1980. He presented with symptoms of depression including sad mood, crying spells, nervousness, and low energy at home and work. Spe *439 cific suicidal ideation was denied, but there were vague references to the possibility if his condition failed to improve. He also complains of frightening nightmares. His symptoms seem sufficiently severe to warrant the beginning of tricyclic antidepressant treatment. Mr. Pesterfield seemed to improve, but shortly after initiating the medication he experienced episodes of rapid heart beat at work which were documented by the nurse. The antidepressants were discontinued although another incident of rapid heart beat and severe anxiousness occurred resulting this time in the patient’s wife bringing him to the office for emergency consultation. At this time, she documented his incapacity to function and the decision was made to hospitalize him at St. Mary’s for more vigorous psychiatric intervention. After a thorough review by internal medicine, antidepressant treatment was again pursued. His symptoms improved to the point that the prospect of returning home and to work was imminent. In spite of improvement in other areas, whenever work was mentioned Mr. Pesterfield would become visibly anxious and often spontaneously break into tears. The complex of feelings and ideas around this area would not resolve itself. A period of post-hospital convalescence did not help, with his condition remaining essentially the same. At the present time, he seems unable to return. He feels very inadequate secondary to diminished physical capacities surrounding his past back, ankle, and eye problems. Additionally, in his thinking he seems deeply concerned about payment or compensation surrounding time when he was in the hospital for the above mentioned injuries. He claims all injuries were sustained while working. He continues to hold the belief of being victimized by “company policy” and fears that he will be retired without just compensation. He is especially concerned about a recent grievance against him for being found asleep on the job. He thinks the hearing will result in his dismissal and feels that his explanation for this problem will not receive adequate consideration. According to the patient, he was taking prescribed medication, antihistamines, which made him sleepy at the time.
In summary, what we have is a very depressed man whose self esteem is very fragile. His physical well being is essentially what he had to offer on the job and now this is damaged resulting in little or no remaining confidence in himself. I suspect he needs considerable support from a supervisory authority in order to function. If there is the slightest hint of rejection or criticism, he becomes extremely anxious and depressed.
My recommendations are as follow. First. As long as Mr. Pesterfield continues in his present state, retirement may be the best answer. If indeed compensation is an issue, a full and fair hearing with a careful detailed yet simple explanation to the patient would be helpful. Secondly. If there is any possibility of this man returning to work, it would be particularly helpful for plant authority to reach out and indicate their support for his services. Some occasional expression of support for the patient on the job from time to time would help maintain a positive and cooperative attitude.
If I can be of any further help in this matter, please let me know.
Sincerely yours,
Raymond L. Paine, M.D.

Based upon Dr. Paine’s report, Dr. Osborne concluded that the plaintiff was unable to work safely and refused to clear plaintiff medically to return to work. On July 3, 1980, plaintiff burst into TVA’s Eastern Area Medical office, cursing and swearing at Dr. Osborne and threatening to kill himself because Dr. Osborne had not certified to the Office of Worker’s Compensation that plaintiff’s psychiatric condition was job-related. Based upon Dr. Osborne’s failure to clear plaintiff medically, plaintiff’s supervisors terminated him for medical reasons on July 21, 1980.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McAfee v. Phifer
E.D. Michigan, 2022
Donald Woods v. Jefferds Corporation
West Virginia Supreme Court, 2019
Woods v. Jefferds Corp.
824 S.E.2d 539 (West Virginia Supreme Court, 2019)
Perry-Anderson v. Howard University Hospital
192 F. Supp. 3d 136 (District of Columbia, 2016)
Doug Stewart v. Kettering Health Network
576 F. App'x 518 (Sixth Circuit, 2014)
Colin McDonald v. Webasto Roof Systems, Inc.
570 F. App'x 474 (Sixth Circuit, 2014)
Eirik Tillman v. Ohio Bell Telephone Company
545 F. App'x 340 (Sixth Circuit, 2013)
William Terry v. United States Enrichment Corp.
482 F. App'x 87 (Sixth Circuit, 2012)
Verkade v. United States Postal Service
378 F. App'x 567 (Sixth Circuit, 2010)
Jimenez v. Dyncorp International, LLC
635 F. Supp. 2d 592 (W.D. Texas, 2009)
Clay v. United Parcel Ser
Sixth Circuit, 2007
Bradshaw v. Goodyear Tire and Rubber Co.
485 F. Supp. 2d 821 (N.D. Ohio, 2007)
Thompson v. Henderson
226 F. App'x 466 (Sixth Circuit, 2007)
Wright v. Murray Guard Inc.
Sixth Circuit, 2006

Cite This Page — Counsel Stack

Bluebook (online)
941 F.2d 437, 1 Am. Disabilities Cas. (BNA) 1858, 1991 U.S. App. LEXIS 18392, 57 Empl. Prac. Dec. (CCH) 40,914, 56 Fair Empl. Prac. Cas. (BNA) 1005, 1991 WL 150044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troy-pesterfield-v-tennessee-valley-authority-charles-dean-marvin-t-ca6-1991.