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Home Work Comp Symptoms Emotional Distresss

Award for Emotional Harm range 3,000.00-100,000.00

civilrightsfed by civilrightsfed
February 2, 2020
in Emotional Distresss, Emotional Injuries, Uncategorized
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Nonpecuniary Damages

Damage awards for non-pecuniary losses have varied substantially

from one another. An award of compensatory damages for non-pecuniary

losses, including emotional harm, should reflect the extent to which

the respondent directly or proximately caused the harm, and the extent

to which other factors also caused the harm.

The Commission notes that damage awards for emotional harm are difficult

to determine and that there are no definitive rules governing the amount

to be awarded in given cases. A proper award must meet two goals: that it

not be “monstrously excessive” standing alone, and that it be consistent

with awards made in similar cases. See Cygnar v. City of Chicago, 865

F.2d 827, 848 (7th Cir. 1989).  The Commission has awarded compensatory

damages in amounts from $3,000.00 to $100,000.00, based on the extent

of the damage proved. See Kelly v. Department of Veterans Affairs,

EEOC Appeal No. 01951729 (July 29, 1998); and Carpenter v. Department

of Agriculture, EEOC Appeal No. 01945652 (July 17, 1995), respectively.

It is the Commission’s goal to make damage awards for emotional harm

consistent with awards in similar cases.  See e.g., Willena Johnson

v. Department of the Interior, EEOC Appeal No. 01961812 (June 18, 1998);

(award of $37,500 for damages resulting from depression and stress, and

physical pain and suffering); Carpenter v. Department of Agriculture, EEOC

Appeal No. 01945652 (July 17, 1995) (award of $75,000 in non-pecuniary

damages for deterioration in complainant’s medical and emotional condition

resulting in his disability retirement, aggravation of asthma, panic

attacks, insomnia, digestive problems, loss of spirit, social withdrawal,

feelings of hostility and irritability, loss of libido);

In the case at hand, the Commission finds that complainant’s statements,

the statement of her husband and her doctor all support her contention

that her depression and anxiety were caused by the PM’s harassment and

discrimination.  The Commission found the harassment to be on-going and

pervasive in its prior decision.  Given the severity and duration of

complainant’s emotional and physical damage including weight loss, hair

loss, sleeplessness, fatigue, an inability to urinate and an inability to

concentrate which has affected her ability to find other meaningful work,

we sustain complainant’s claim for non-pecuniary damages of $50,000 as

reasonable and comparable to awards in similar cases.

Pecuniary Damages

The record contains an itemized list of complainant’s medical expenses,

including doctor’s appointments, therapy and prescription drugs totaling

$6,247.08.  The agency awarded complainant the full amount she sought

for her past pecuniary damages and the $200 claimed for photocopies,

telephone and mailing expenses.  We therefore agree that complainant is

entitled to $6, 447.08 in past pecuniary damages and costs because she has

established, through her itemized list, her entitlement to these damages.

Regarding future pecuniary losses, other than the note written by

complainant’s doctor in June 1994, indicating that complainant suffered

possible long-term, intermittent depression, the Commission finds

that complainant submitted no documentation from medical professionals

indicating the extent or duration of future medical costs.  Complainant’s

listing of past medical expenses indicates that she last visited a

doctor or therapist on February 20, 1996.  She listed two receipts for

prescription drugs in 1997 totaling $285.63, and one in January 1998,

for $66.99.   We, therefore, find the $6,447.08 sought by complainant to

be speculative and affirm the agency’s denial of future pecuniary damages.

CONCLUSION

Based upon a review of the record herein, it is the decision of the

Commission to MODIFY the agency’s decision with regard to the issue

of compensatory damages, awarding $50,000 in non-pecuniary damages,

$6,447.08 in past pecuniary damages, and nothing in future pecuniary

damages for a total of $56,447.08 in compensatory damages.

ORDER

The agency is ORDERED to pay complainant  compensatory damages in the

amount of $56,447.08, plus interest, less any amount already paid, within

thirty (30) calendar days of the date this decision becomes final. The

agency shall also pay complainant reasonable attorney’s fees incurred in

pursuit of this appeal.  A copy of the agency’s letter to complainant

forwarding payment of the determined compensatory damages must be sent

to the Compliance Officer, as referenced below.

Tags: emotional harm
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