School Custodian's Claim For Emotional Distress Not Barred By Washington's Industrial Insurance Act
A student at Lakeside High School attempted to bomb the school, then committed suicide. The school principal, district superintendant, and other supervisory personnel ordered school custodian Debbie Rothwell to perform various tasks to clean up the scene. Ms. Rothwell found the work particularly disturbing because she knew the student personally.
First, school officials required Ms. Rothwell to work from 1:30 p.m. until 4:15 a.m. the next morning performing tasks such as: (1) cleaning up the scene of the suicide, including “needles, plastic gloves, brain matter, bone bits and blood”; (2) searching for bombs; and (3) cleaning up the area in which bombs had been detonated. Next, school officials required Rothwell to return to work just over three hours later, at 7:30 a.m., to handout cookies and coffee to grieving students, parents, and staff. In the following days, school officials ordered Rothwell to clean up the candles and cards that grieving community members set up each day as a memorial.
Rothwell filed suit against the district and the superintendant, claiming she suffered physical and emotional distress as a result of having to perform cleaning tasks related to the student’s death. The district moved to dismiss Rothwell’s lawsuit for failure to state a claim, and the trial court granted the motion, finding the Washington State Industrial Insurance Act bars such claims.
On appeal, the Washington Court of Appeals explained that Washington’s Industrial Insurance Act, RCW 51.04.010 et seq., generally renders workers’ compensation the sole remedy for employees who suffer injuries or develop occupational disease in the course of employment. While stress “resulting from exposure to a single traumatic event” constitutes a covered injury under the Act, “claims based on mental conditions or mental disabilities caused by stress do not fall within the definition of occupational disease.”
Rothwell allegedly suffered PTSD as a result of several events, rather than a single event, and her symptoms did not occur immediately after traumatic event, but over a period of time thereafter. Accordingly, the Court of Appeals found that Rothwell’s condition did not constitute an injury or occupational disease. The Court of Appeals reversed and remanded, allowing Rothwell’s claims to proceed.
Rothwell v. Nine Mile Fall Sch. Dist., No. 26876-4 (Wn. Ct. App. Div. 3, April 29, 2009)
