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CONEX International Corporation6/8/2000
The gravamen of the lawsuit initially filed by appellee, James Cox, and the lone remaining action before this Court on appeal, is grounded in the anti-retaliation provision of Tex. Lab. Code Ann. ยงยง 451.001-451.002 (Vernon 1996). Cox, employed by appellant Conex International Corporation (Conex), sustained an injury to his hand on May 30, 1991, while in the course and scope of his employment at a facility owned by Texaco. It is undisputed that Cox availed himself of his rights under the provisions of the Texas Workers' Compensation Act. The record further reflects that on June 12, 1991, while performing work, Cox dislocated the knuckle on his previously injured right hand. The next morning, Cox informed his foreman, Ralph Buckles, of his need to again see the doctor regarding his injured right hand. Testimony is in dispute as to whether Cox received permission to go to the doctor on June 13. At any rate, shortly after Cox returned from seeing the doctor on June 13, 1991, he was terminated by Conex.
A careful examination of the testimony and documentary evidence elicited at trial indicates that Cox was attempting to prove the following vis-a-vis his employment discrimination claim: that following his May 31, 1991, injury to his right hand Conex supervisory personnel refused to permit Cox to wear a prescribed hand brace and did not restrict Cox to light duty as recommended by Cox's doctor ultimately resulting in Cox sustaining a very severe injury to the same hand on June 12, 1991. Boiled down to its essence, as we appreciate his position to be, Cox is alleging that Conex's refusal to allow him to follow his doctor's orders was in retaliation for Cox pursuing his workers' compensation claim from the May 31, 1991 injury, with said retaliation resulting in the sustaining of the severe hand injury of June 12, 1991, which then led to Cox developing the extremely debilitating condition known as "reflex sympathetic dystrophy" (R.S.D.), an incurable pain syndrome.
After both parties had concluded presenting evidence to the jury and had rested, Conex moved for a directed verdict. It was denied by the trial court. Thereafter, the jury found that Conex discriminated against Cox, and awarded him $2,000 in past physical pain and suffering, $25,000 in past mental anguish, and $23,000 in past physical impairment, or loss of enjoyment of life. The jury refused to award Cox any future damages for physical pain or impairment or mental anguish. Conex subsequently filed a motion for judgment notwithstanding the verdict which was also denied by the trial court.
Conex brings forth six appellate issues for our consideration. We will combine consideration of the first two appellate issues as that will be dispositive of the case. Said issues read as follows:
Issue 1: Cox injured his right hand at work and twelve days later had a re-injury. Although Cox received workers' comp benefits, he sued Conex alleging that wrongful discrimination caused his re-injury. At trial, Cox recovered personal-injury damages for the re-injury. The trial court erred in denying Conex a directed verdict or JNOV because:
a) the exclusive-remedy provision bars recovery in a discrimination suit for work-related injuries;
b) Cox cannot get a double recovery for the same injuries; and
c) by receiving comp benefits, Cox elected his remedy.
Issue 2: Cox testified about his pain, mental anguish, and impairment from his work-related injuries. He did not testify about any separate mental anguish, pain, or impairment caused by discrimination. The trial court erred in denying Conex a directed verdict or JNOV because there was no evidence that the alleged discri
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