By PAUL TAKAHASHI
JOURNAL STAFF WRITER
Monday, July 27, 2009

A Hudson County jury awarded $70,000 to a corrections officer earlier this month for economic and emotional damages stemming from alleged violations of Workers' Compensation and discrimination laws.

In July 2007, Louise Ann Stewart filed a complaint against Hudson County for allegedly violating her rights under the Law Against Discrimination and the New Jersey Workers' Compensation Act.

Stewart - who has been employed by the County of Hudson Department of Corrections at its Kearny facility since 1996 - had suffered a knee injury while on the job, requiring surgery.

While undergoing treatment and recovery, Stewart was issued a disciplinary notice by the department under suspicions she was "faking her injuries," said her attorney Paula Dillon.

"She complained she was being retaliated against," Dillon said. "The outstanding disciplinary report kept her from being promoted."

Hudson County is appealing the July 2 jury verdict.

"The jury connected dots that really shouldn't have been connected," said Hudson County spokesman Jim Kennelly. "The county is filing a motion for a new trial."

"The actions taken were within managerial discretion," Kennelly said. "It (a re-trial) will show there was no retaliation."

Surveillance done by the Department of Corrections yielded photos of Stewart at a strip mall during her Worker's Compensation leave, which the department used as evidence of fraud.

According to Dillon, the 13-year veteran was visiting her doctor, whose office was located in the strip mall.

"They conducted the investigation for no reason," Dillon said. "It was sloppily conducted and it was false."

An investigation into Stewart's workers compensation case began in June 2007 and was not resolved until April 2008, during which Stewart, 36, was "repeatedly bypassed for promotion" to sergeant, according to Dillon.

"She has taken the civil service test three times and placed high in the rankings," Dillon said.

The $70,000 awarded to Stewart in damages represents compensation for the alleged retaliation as well as emotional damages. Still outstanding is whether Stewart, who remains at the corrections department, will be able to get the promotion she has been seeking since 1999.