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September 4, 2013

Pan Am to appeal $50K whistleblower ruling

Pan Am Railways Inc. plans to appeal all or part of a ruling Tuesday ordering the company to pay $50,000 in compensatory and punitive damages to an injured Waterville worker and take certain actions to inform its employees of federal whistleblower laws.

In addition to the injury award, the U.S. Department of Labor determined that Pan Am inappropriately retaliated against an employee who filed a complaint with the Occupational Safety and Health Administration.

The second charge stemmed from a disciplinary hearing the company held with the employee, who was not identified by the department, after he filed his complaint to the federal workplace safety administration. The department determined that second hearing, during which the department said the company accused the employee of lying, was retaliatory.

The Kennebec Journal reported the company says the second hearing was to clarify details of the employee’s claim and verify the facts presented in his complaint. Pan Am Executive Vice President Cynthia Scarano told the paper she could not say Tuesday which parts of the ruling the company would appeal. Scarano said there was no disciplinary action taken against the employee after that second hearing.

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