Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 29, 1993 TAG: 9307290255
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: WARREN FISKE STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium
"No one in their right mind would cut off their hand," said Loretta Shelton, 23, of Bedford County. "I'm really angered by the charge."
Shelton's right hand was severed May 8, 1992, while she was operating a bladed machine at Brown Products Inc. in Axton, near Martinsville. The machine cuts thick cardboard pads used to protect furniture during shipping.
This spring, a state official ruled that Shelton was ineligible to collect workers' compensation, concluding that she violated company safety rules by putting her hand in the machine.
Wednesday, the three-member state Workers' Compensation Commission heard Shelton's appeal. State labor leaders are rallying behind Shelton, warning that should she lose, employers would be encouraged to contest workers' claims.
The commission is expected to make a ruling in a month.
At issue is whether Shelton's split-second decision to use her hand to adjust a cardboard pad that was improperly loaded into the cutting machine constituted "willful neglect" of company safety rules.
Shelton had been working at Brown Products for two weeks when the accident occurred. She said that she was improperly trained to use the machine.
But Joseph C. Veith, an attorney for Brown, said she was told repeatedly during those weeks never to put her hands in the machine.
"This is a tragic case, but the law is clear," Veith said. "The law says a claimant is not entitled to relief if the employee intentionally performs a forbidden act. [Shelton] knew what she was doing, and she intentionally did it."
Peter M. Sweeney, a lawyer for Shelton, said his client thought the machine was turned off when she inserted her hand. The accident occurred shortly after supervisors instructed Shelton to speed up her work, he said.
"Why would she intentionally put her hand in a machine, if she thought the blade would come down?" he asked. "Loretta Shelton is not devoid of sense."
Sweeney noted that shortly after the accident, the federal Occupational Safety and Health Administration fined her employer $400 for not having adequate safety protectors on the machine.
"If we lose this case, it would send a message to employers that they can avoid paying damages by simply telling their employees, `Don't do anything unsafe,' " Sweeney said.
Shelton's hand has been surgically reattached. She has had six operations; her medical bills total $250,000. Doctors say she needs three more operations and physical therapy to gain limited use of her hand.
For the time being, Shelton has stopped receiving medical treatment. Should she win the case, Shelton will receive compensation for all medical expenses plus two-thirds of her salary for up to 500 months.
by CNB