Published: October 04, 2008 11:01 pm         

Class action pending against state

Current, former state employees could be entitled to part of settlement.

Like many current and former state employees, Annie Wheeldon was pleasantly surprised when she received claim form in the mail a few weeks ago indicating she might be entitled to money through a class action settlement.

Wheeldon, who worked at the Logansport State Hospital from 1985 to 1996, knew nothing about the settlement before she received the information. She isn’t alone.

Many residents have only recently heard about Brattain v. Richmond State Hospital, a class action lawsuit against the State of Indiana to resolve claims of unpaid wages to those employed by the state from Sept. 19, 1973, to Sept. 19, 1993. However, thousands of residents across Indiana may be entitled to a portion of the $8.5 million settlement that has already been reached in the case.

The case stems from discrepancies in wages paid to employees of various state agencies during the 20-year period. In some cases, employees who were required to work 40 hours a week were compensated at the same rate as those at other institutions who were only required to work 37 and a half hours a week, according to the settlement notice. Because all were employed by the state, those employees — the plaintiffs in the case — are claiming they are entitled to compensation for 100 percent of the difference.

Locally, the Logansport State Hospital has been identified as one state agency that paid employees based on a 40-hour work week during that time frame. However, employees of other state-run agencies in the area could also be affected.

“There are various institutions and agencies that may or may not be affected based on how they were operating in that time frame, how people were assigned and what working conditions they had,” said John Kautzman, co-lead council of Ruckelshaus, Kautzman, Blackwell, Bemis and Hasbrook, which represents the plaintiffs in the case. “... Just because people worked at an institution during that time doesn’t mean you’re entitled to compensation.”

Even so, many are taking the time to find out.

David Welch, who works in the safety department at the State Hospital, remembers hearing something about a pending lawsuit from former union employees between five and seven years ago. Still, he said he was caught off guard when he found out about the settlement recently.

Welch admitted he didn’t know much about the case, but he said he visited the hospital’s personnel department to get a statement of his hours and earnings during that time frame. He said he plans to submit his claim in the coming days, and he suggested that others who haven’t acted yet consider doing the same.

“I’d like to see what it’s about, and I’d like to see if there’s an award,” he said. “I’m going to send my paperwork through just like everybody else. You’re not going to get anything out of it if you don’t send it back.”

Those who want to be considered as part of the lawsuit need to fill out and submit a claim form by Nov. 1. Those who haven’t received a form can visit hoursofworksettlement.com to download one.

“Eligible candidates can go to that Web site to submit a claim if they believe they are entitled to a portion of settlement,” said Natalie Robinson, a spokesperson for the Indiana Attorney General’s office, which is representing the state in the case.

However, even if state employees qualify under the settlement agreement, they shouldn’t expect a check in the mail anytime soon.

The $8.5 million settlement, which has been preliminarily approved by Marion Superior Court, was reached in August just a day before the trial was set to start. The settlement makes provisions that allow the state to terminate the agreement and proceed to trial if its total liability for claims and other court and legal fees exceed the $8.5 million figure, according to the settlement notice. Class counsel estimated that 15,000 people could be part of the class.

Additionally, adjustments might also be made to the settlement during a hearing at 11 a.m. on Oct. 20 in Indianapolis.

Still, Wheeldon isn’t too concerned about how the case might play out. She said she has no indication of how much she might receive if an award is made, but even if it’s $50, she said she’d be happy.

“I don’t want to anticipate or plan for it,” she said of the figure. “Whatever they send me, I’m going to appreciate and enjoy.”

Carla Knapp can be contacted at (574) 732-5150 or via e-mail at carla.knapp@pharostribune.com



Want more info?

To find out more about Brattain v. Richmond State Hospital or to obtain a claim form, visit hoursofworksettlement.com. For specific qualification questions or for help filling out a claim form, call (800) 918-9012.



Do you qualify?

Current and former state employees could qualify for the class action settlement if:

• Individuals were full-time employees of the State of Indiana at any time from Sept. 19, 1973, to Sept. 19, 1993.

• Employees were required to work a 40-hour work week.