BNSF employee sues over carpal tunnel syndrome

John Suayan, Galveston Bureau Jul. 15, 2012, 9:42am

GALVESTON - Bobby Lee Seldon alleges BNSF Railway Co. never disclosed to him that he was at risk of suffering severe carpal tunnel syndrome in his right hand, recent court documents say.

A lawsuit filed July 6 in Galveston County District Court asserts Seldon currently suffers from carpal tunnel syndrome as a result of his work with the railroad for an unspecified amount of years.

The suit explains that "the plaintiff discovered that he suffered from occupationally caused cumulative traumatic disorders as a result of cumulative occupational trauma to his upper extremities and surrounding body structures and until such time, the plaintiff was reasonably ignorant as to same."

According to Seldon, a doctor's visit on April 9, 2010, revealed he had carpal tunnel syndrome.

"Prior to that date there were no events, occurrences or facts that would have lead a reasonable railroad worker to know he had any condition that was caused by his employment," the suit says.

"For example, there was no pattern of pain and the pain the plaintiff experienced was thought by him to be part of the natural aging process and not related to any injury or condition."

Seldon further asserts that he was required to undergo regular physical examinations conducted by physicians brought in by the defendant to determine his fitness for his job, stating he "was never told at any of these required physical examinations that he had any problem with his upper extremities and he was never taken out of service or limited in his work capacity in any way."

Consequently, the complainant seeks unspecified monetary damages.

He is represented by attorney Marc A. Zito with Jones Granger Law Firm in Houston.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 12-cv-1475

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