Survivor Benefits Denied

By Elizabeth Saloom, July 24, 2003

In an update of a case previously discussed in a Federal Families column, Lynne Stockberger, the widow of a federal employee, was denied her appeal last month for survivor benefits. The previous dismissal of her case was affirmed by the U.S. Court of Appeals for the Seventh Circuit.

When a federal employee dies, his or her dependents can file for survivor benefits. Last year,  Stockberger went a step further when she filed a negligence suit against her late husband's employer, the Bureau of Prisons in Terre Haute, Ind.

In March 1999, her husband, Maurice Stockberger, a U.S. Penitentiary employee, insisted on leaving work early. He was an insulin dependent diabetic and told co-workers he was not feeling well, apparently suffering from a hypoglycemic episode. While driving his pick-up truck, he swung off and back onto the road, knocked down traffic signs, and hit a tree. The truck burst into flames when he hit the tree and he died from the crash.

Previously, sick or injured BOP employees, including Stockberger, were given rides home or to medical facilities by other prison employees. Stockberger's widow argued that these past instances of aid created the assumption of a duty to aid ailing employees. However, the U.S. District Court for the Southern District of Indiana, Terre Haute Division, found these actions were not official policy.

Many of Maurice Stockberger's co-workers had medical backgrounds and were able to recognize his hypoglycemic symptoms. At least eight coworkers knew he was sick that day. One gave him a can of Ensure to drink, another suggested that he eat something for his low sugar level and a third asked him to stay a while before leaving work.

Lynne Stockberger's negligence claims alleged the government failed to provide her husband adequate medical care and allowed him to leave and drive a motor vehicle alone while he was incapable of doing so.

However, the appeals court found the agency was not responsible for Stockberger's diabetes, medical care or transportation. BOP was not negligent because the employee had rejected his co-workers' offers of help, and left the building under his own power.