In 2009, Gary Williamson was a postal worker who sought damages under the Federal Tort Claims Act (FTCA) for medical malpractice on the part of the Department of Veteran Affairs in the treatment of injuries he suffered in his right foot. Williamson usually worked a walking route, walking up to 8 miles each day on the job. He was also doing other physical activities, including running and CrossFit, which could have contributed to the severity of his injury.
Because of his injuries, Williamson eventually received benefits under the Federal Employees’ Compensation Act (FECA): $79,379.66 in temporary total disability net compensation from March 20, 2010 through Oct. 25, 2012; $27,801.27 for medical expenses; and $19,974.19 as a lump-sum “scheduled award.” This federal statute is the federal law for workers injured on the job. This is the federal version of the workers’ compensation act that most states have, including Illinois.
In addition to the benefits he was receiving by way of FECA, Williamson sought damages under the Federal Tort Claims Act for medical malpractice by the V.A. for the treatment of his injuries, which included two unsuccessful surgeries. The U.S. District Court judge denied the government’s motion for summary judgment. On appeal, the Sixth Circuit reversed that order, denying the motion for summary judgment.