Fired KCS Conductor Reinstated

Summary

On or about December 9, 2012, a conductor was working for KCS in Port Arthur, Texas, when he suffered an injury to his right foot. The conductor believed that he had simply sprained his ankle and completed his shift. Thereafter, conductor continued to have pain in his right foot and made an appointment with a doctor for December 13, 2012. The doctor diagnosed the conductor as having suffered a broken bone in his right foot. Shortly after getting the doctors diagnosis, the conductor notified KCS of his injury and completed the required paperwork. In his accident report, the conductor notified KCS that his injury occurred due to bad footing in KCS’ Port Arthur Yard.

On December 19, 2012, KCS notified the conductor that it would be holding a formal investigation into alleged late reporting of his injury. KCS held its investigation on January 15, 2013 and fired the conductor on January 22, 2013 for late reporting his injury.

Settlement

As the case was proceeding before the administrative law judge, KCS agreed to reinstate the employee, reduce the discipline from permanent termination to 5 days actual and 25 day record suspension and to pay attorney's fees.