News

September 1, 2010

No workers’ comp for ex-jail official

Judge doesn’t find credible the testimony given by former deputy prison warden Hyder.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter   |   Jenn Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

A judge has denied former Luzerne County deputy prison warden Sam Hyder’s request for workers’ compensation, saying he didn’t find Hyder’s testimony credible and that the work stresses Hyder described weren’t abnormal for someone in that position.

Hyder, who was furloughed from the $74,263-a-year position in January, argued in court that he should be entitled to workers’ compensation because working conditions made him stressed, anxious, depressed and ultimately led to an Aug. 5 blackout.

Hyder said Wednesday that he is discussing appeal options with his attorney, Joseph Hutteman, of Philadelphia. Hyder declined further comment, and Hutteman could not immediately be reached for comment Wednesday. Hyder has the right to appeal the decision within 20 days.

County Commissioner Chairwoman Maryanne Petrilla, who was highlighted by Hyder as one   of the main causes of his work-related stress, said Wednesday that she was “very pleased” with the outcome.

Hyder alleged that Petrilla had personally threatened to get rid of him and pushed for the hiring or promotion of people he did not believe were qualified. Petrilla testified that her only discussion with Hyder was about questionable county debit card spending – not his job – and it occurred in 2007 when she was county controller. Petrilla also denied lobbying for anyone and testified that she left hiring recommendations up to prison officials.

“I had faith in our system and believed that after the evidence was presented from both sides, the judge would rule in favor of the county,” Petrilla said Wednesday. “This is very good news.”

Workers’ compensation Judge Brian Hemak issued the ruling rejecting Hyder’s request. According to his written opinion, Hemak said the county defense witnesses appeared “genuine and credible” during their testimony, while Hyder did not.

Hemak pointed to Hyder’s testimony that he suffered from nightmares because the coroner made him hold organs of a prison inmate during an autopsy.

County Chief Deputy Coroner William Lisman had testified that only one autopsy of a prison inmate was performed in 2005, the period in question. Lisman said the late Dr. George Hudock, then county coroner, performed the autopsy and would never allow an observer to handle organs.

Hemak said Lisman’s testimony was “much more credible and believable” than Hyder’s on that matter.

The events described by Hyder “do not amount to abnormal working conditions” for a prison deputy warden, except for the autopsy incident that the judge did not deem factual, Hemak said.

County witnesses established that it’s not unusual for someone in Hyder’s position to receive physical threats from inmates, the judge said.

Hyder had also blamed his stress on his duty to inform prison employees who failed random drug tests that they were being suspended and/or terminated. Hyder said that made him feel personally responsible when one of the impacted employees, who was also his friend, committed suicide.

That employee’s sister, Susan Mayeski, testified as a county witness that her brother never mentioned Hyder and that she was unaware of any social relationship between them.

Hemak said Hyder didn’t back up his testimony that there were rumors at the prison blaming him for the suicide.

Medical experts established that Hyder is suffering from an anxiety disorder, but Hemak dismissed the suggestion that it was related to abnormal working conditions and instead described the situation as Hyder’s “subjective response to what would be considered a normal work environment” for a prison deputy warden.

The opinions of medical experts also carry “little weight” because they are based on Hyder’s own representations of his situation, Hemak wrote.
 

Tweet	Follow @TLnews