Wed. September 10, 2003
Nashville, Tennessee -
The Tennessee Supreme Court has ruled that woman who thought she would get AIDS from a co-worker who 'looked gay' is not entitled to worker's compensation benefits for mental anguish.
Mary Guess worked for Sharp Manufacturing Company of America as an assembly line worker in 1998 when a co-worker's hand was cut, splattering blood on her. According to court records, Guess feared that as a result of getting his blood on her hands, she would get AIDS and was "out of control" and "hysterical."
The 14-year employee of the company said she believed the blood was HIV-positive because the co-worker was sick all the time, had friends who died of AIDS and "looked and acted gay."
A psychiatrist diagnosed Guess with post traumatic stress disorder caused by a "work related injury."
Guess was tested five times for HIV and all were negative, according to an infectious disease specialist who testified her chance of becoming infected was infinitely small.
A trial court found that Guess suffered a vocational disability as a result of psychological consequences from the incident, and awarded her partial disability.
A worker's compensation panel never heard the case to determine an award because it was transferred to the state Supreme Court for review.
The justices agreed that Guess suffered from post traumatic stress disorder, but reversed the lower court's decision.
"Because Guess had no proof that her co-worker was in fact HIV positive, there was no rational connection between her injury and employment," Judge William Barker wrote.
"If a plaintiff were allowed to recover under the facts of the present case, anybody suffering from a mental injury stemming from any perceived or imagined exposure to harmful substances or situations would be entitled to recovery."
©365Gay.com® 2003
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