PTSD Vietnam Vet wins $738,525 in employment case

Nielson wins $738525 against port
Curry County Reporter - Gold Beach,OR,USA
By Hannah Hoffman


A Curry County jury last Monday awarded former Port of Gold Beach manager Mike Nielson $738,525 in damages for a number of employment-related claims after a week-long trial.

The jury found the Port liable to Nielson for discrimination based on a disability, failure to reasonably accommodate said disability, discrimination based on filing for workman's compensation benefits, wrongful discharge, and intentionally inflicting severe emotional distress. The award was for $638,525 in economic damages and $100,000 in non-economic damages.

The lawsuit originally included two charges against Port Commissioner Bill McNair, individually, which were dropped when presiding Judge Cynthia Beaman ruled that there was no evidence to show McNair acted out of the boundaries of his role as a Port commissioner. Beaman ruled that the entire Board of Commissioners would stand trial as a single entity.

Nielson began his legal proceedings nearly as soon as he was terminated as port manager on November 23, 2004. He was diagnosed with post-traumatic stress disorder (PTSD) (incurred from Vietnam service) earlier that year following the commissioner recall election. Nielson began receiving 100 percent disability on October 6, 2004, and was on medical leave for the condition from that time until the date of termination.
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