The principal issue we discuss in this appeal is whether the appellee’s claim for intentional infliction of emotional distress, a Georgia state law claim, is preempted under section 301 of the Labor Management Relations Act. We affirm the district court’s ruling that the claim is not preempted.
I. FACTS
The district court made the findings of fact stated herein after conducting a bench trial on appellee Jesse Lightning’s claims against his former employer, appellant Roadway Express, Inc. (Roadway).
Lightning worked as a janitor for Roadway, a trucking company, in its Atlanta terminal from February 1988 until his discharge in August 1990. Although Lightning initially served as an on-call employee, he eventually received regular employee status. The International Brotherhood of Teamsters, Local Union No. 728 (the Union) represents regular, non-management employees at Roadway’s Atlanta terminal. The collective-bargaining agreement between Roadway and the Union allows for progressive discipline, but it also grants employees the right to grieve any discipline imposed upon them.
Lightning liked his job and earnestly tried to please his superiors. He worked slowly, however, and his job performance was marginal. In attempting to document Lightning’s poor work performance, Roadway supervisors photographed him from time to time. Roadway management counseled or disciplined Lightning several times for violating the collective-bargaining agreement and company rules. These violations included wasting time, failing to follow instructions, and failing to wear steel-toed shoes. Due to these work-rule violations, Roadway discharged Lightning several times following the progressive discipline process. Until August 1990, Roadway reinstated Lightning after each discharge.
Roadway supervisors subjected Lightning to verbal abuse on numerous occasions. For example, Roadway supervisors Mitchell Lilly and Darrell Poole stood over Lightning while he cleaned under a truck, and, in the presence of other employees, one of the supervisors stated, “Look at that piece of shit down there.” On another occasion, supervisor Buddy Looney called Lightning into his office and stated, “We pay you really good for the shit you do, which is nothing. We hate you. You don’t belong here.” Another supervisor told Lightning, “I don’t know why you stay here; none of the managers like you.” Poole told Lightning that the company needed to “get rid of his ass.” He also called Lightning a “sorry son of a bitch” and told Lighting he did not know why Roadway had hired him. Lilly and another supervisor told Lightning to quit. Lightning also received phone calls at home telling him to resign.
Lightning endured two incidents where Roadway supervisors acted even more egre *1555 giously. One confrontation commenced when supervisor Ike Franz told Lightning with regard to his sweeping: “We pay you to do this?” Lightning responded that he could perform Franz and Poole’s jobs better than those two men. A few minutes later, Poole arrived with other supervisors and, with his face six inches away from Lightning’s, spoke to Lighting in a loud, insulting manner. Poole spat on Lightning. He also stated, “Who do you think you are?” and ‘You ain’t no better than a janitor.”
On another occasion, Lightning told management employees that Mark Keahon was the only supervisor who treated him with decency. The following day, Keahon called Lightning into an office and criticized him about work he had performed. As the conversation progressed, Lightning requested the presence of a union steward. Keahon responded, “Fuck the union steward. Get your sorry ass out of here.” Lightning returned with a union steward and, during the heated conversation that ensued, Keahon tried to hit Lightning.
Toward the end of his employment, Lightning suffered from a psychotic episode which included manifestations of paranoid delusions. This episode occurred on an evening when managers had “chewed out” Lightning on three separate occasions. Lightning was hospitalized and received treatment at the Georgia Mental Health Institute (GMHI) and another mental health facility. The causes for this episode were work-related, though other stressors contributed to Lightning’s condition. According to Lightning’s mother, he had not suffered previously from any mental problems or disorders. Although Roadway officials had knowledge that Lightning had been admitted to GMHI, they took no action to learn about his condition or to investigate its cause. While Lightning was hospitalized, Roadway sent him a registered letter documenting a prior verbal counseling regarding his failure to wear steel-toed shoes.
After Roadway had discharged Lightning in August 1990, supervisor Fred Dominick left a message on Lightning’s telephone answering machine stating, in essence, “Hey, we understand you want your job back here at Roadway.” A great deal of laughter from others accompanied Dominick’s voice on the message.
A former Roadway supervisor, Timothy Marshall, stated that Looney said he was going to get Lightning if it was the last thing he did. Marshall also stated that when Roadway management had difficulty getting rid of an unwanted employee, they undertook a strategy to have that employee “written up” as much as possible. Managers sought to provoke and demean the employee, and otherwise try to persuade the employee to quit. These efforts were known as “mad-dogging.” Ronnie Henson, a Roadway employee for over twenty-five years and an experienced union steward, characterized management’s treatment of Lightning as “severe” and stated that he had never seen a worker similarly treated.
II. PROCEDURAL HISTORY
In February 1991, Lightning brought this lawsuit against Roadway in state court in Georgia alleging breach of contract stemming from violations of the collective-bargaining agreement, intentional infliction of emotional distress, and assault. Roadway removed the action to the United States District Court for the Northern District of Georgia.
In August 1991, Roadway moved for summary judgment, arguing that: (1) federal labor law preempted Lightning’s breach of contract claim; (2) federal labor law preempted Lightning’s intentional infliction of emotional distress claim; (3) Roadway’s alleged conduct did not constitute intentional infliction of emotional distress as a matter of law; and (4) the Georgia Workers’ Compensation Act provided the exclusive remedy for Lightning’s assault claim. In March 1992, the district court granted in part and denied in part Roadway’s motion. The district court found that federal labor law preempted Lightning’s contract claim, but otherwise denied Roadway’s motion.
After conducting a non-jury trial on Lightning’s remaining claims in August 1993, the *1556 district court entered judgment for Lightning. The court awarded $38,720 in damages for intentional infliction of emotional distress ($25,000 for pain and suffering and $8,720 in medical expenses), nominal damages for assault, and $100,000 in punitive damages. This appeal followed.
III. CONTENTIONS
Roadway contends that the resolution of Lightning’s intentional infliction of emotional distress claim depends upon interpretation of the collective-bargaining agreement, and thus section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, preempts that claim. Roadway also argues that Lightning has failed to allege conduct sufficient to support an intentional infliction of emotional distress claim under Georgia law. The company also asserts that the district court clearly erred in finding that Ke-ahon assaulted Lightning. Additionally, Roadway contends that the Georgia Workers’ Compensation Act provides the exclusive remedy for Lightning’s injury. Finally, Roadway argues that the district court’s award of punitive damages was excessive as a matter of law.
Lightning responds to Roadway’s contentions as follows. First, the resolution of his intentional infliction of emotional distress claim does not require an interpretation of the labor contract, and thus section 301 of the LMRA does not preempt that claim. Second, Roadway’s actions were extreme and outrageous and therefore sufficient to establish a claim for intentional infliction of emotional distress under Georgia law. Third, substantial evidence existed for the district court to find that Keahon assaulted Lightning. Fourth, Lightning’s emotional distress does not constitute a compensable “injury” under the Georgia Workers’ Compensation Act. Finally, the district court’s award of punitive damages was reasonable.
IV. DISCUSSION
A. Section 301 Preemption and the Intentional Infliction of Emotional Distress Claim
Whether section 301 of the LMRA preempts a state-law claim constitutes a question of law subject to
de novo
review.
See Galvez v. Kuhn,
Section 301(a) of the LMRA provides:
Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce ... may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties.
29 U.S.C. § 185(a). Section 301 not only grants federal courts jurisdiction over employment disputes involving collective-bargaining agreements, but also expresses a federal policy “that the substantive law to apply in suits under § 301(a) is federal law which the courts must fashion from the policy of our national labor laws.”
Textile Workers v. Lincoln Mills,
In
Lingle v. Norge Div. of Magic Chef, Inc.,
[I]f the resolution of a state-law claim depends upon the meaning of a collective bargaining agreement, the application of state law (which might lead to inconsistent results since there could be as many state-law principles as there are States) is preempted and federal labor-law principles— necessarily uniform throughout the nation — must be employed to resolve the dispute.
Lingle,
In determining whether Lightning’s state tort law claim for intentional infliction of emotional distress requires interpretation of the terms of the collective-bargaining agreement, we first look to the elements of the state-law claim.
See Lingle,
Roadway contends that Lightning’s claim is inextricably intertwined with the collective-bargaining agreement and thus preempted by section 301. Specifically, the company argues that this court must interpret the labor contract in order to assess the reasonableness of Roadway’s conduct. We agree that an “analysis of an employee’s intentional infliction of emotional distress claim may well require a court to refer to and interpret the contract provisions governing the terms and conditions of her employment.”
Douglas v. American Info. Technologies Corp.,
Contrary to Roadway’s assertions, Lightning’s intentional infliction of emotional distress claim does not concern the terms and conditions of his employment, but rather the severe abuse he endured from Roadway’s supervisors.
**
As outlined above, Roadway management verbally abused Lightning on several occasions. Moreover, supervisor Poole spat on Lightning, and supervisor Keahon assaulted him. Thus, Lightning’s claim “revolve[s] around conduct by his employer that is not even arguably sanctioned by the labor contract.”
Keehr v. Consolidated, Freightways of Del., Inc.,
B. Judgment on the Intentional Infliction of Emotional Distress Claim
Roadway asserts that the district court erred in finding that the company’s
*1558
conduct was sufficiently outrageous to support a claim for intentional infliction of emotional distress under Georgia law. “Whether a claim rises to the requisite level of outra-geousness and egregiousness to sustain a claim for intentional infliction of emotional distress is a question of law.”
Yarbray,
As stated above, in order to prevail in Georgia on a claim of intentional infliction of emotional distress, a plaintiff must establish that: (1) the defendant’s conduct was extreme and outrageous; (2) the defendant acted intentionally or recklessly; (3) the defendant’s conduct caused emotional distress; and (4) the resulting emotional distress was severe.
Yarbray,
[t]he workplace is not a free zone in which the duty not to engage in willfully and wantonly causing emotional distress through the use of abusive or obscene language does not exist. Actually, by its very nature, it provides an environment more prone to such occurrences because it provides a captive victim who may fear reprisal for complaining, so that the injury is exacerbated by repetition, and it presents a hierarchy of structured relationships which cannot easily be avoided. The opportunity for commission of the tort is more frequently presented in the workplace ....
Coleman v. Housing Auth. of Americus,
We conclude, considering the totality of the circumstances, that the district court properly granted judgment for Lightning on his intentional infliction of emotional distress claim. We note that Georgia courts have upheld awards under this theory for conduct far less outrageous than Roadway’s.
See, e.g., Anderson v. Chatham,
C. Findings of Fact on the Assault Claim
Roadway also alleges that the district court erred in finding that Lightning “reasonably apprehended that he would be struck by Mr. Keahon.” This court “will hold a finding of fact clearly erroneous if the record lacks substantial evidence to support it.”
Thelma C. Raley, Inc. v. Kleppe,
The record possesses substantial evidence to support the district court’s finding on this issue. Lightning testified that Keahon “jumped up and tried to hit me.” The district court found Lightning credible and was not troubled by Lightning’s failure to mention Keahon’s attempt to hit him when reporting the confrontation to a colleague. Ke-ahon did not testify at trial, and the district court (reasonably, we believe) drew a negative inference from his failure to do so. Two people present in the room during the incident testified that Keahon did not attempt to strike Lightning. The district court, however, found one of those men, Roy Sweatman, “wholly uncredible.” Warren Wilhoite, a witness not present in the room during the incident, testified that no one threw a punch during the encounter. The district court found that “it was difficult ... to believe that [Wilhoite] could have observed everything.” Wilhoite also testified that Scott Heard restrained Keahon during the incident, a fact that tends to support Lightning’s version of events. In sum, the district court did not clearly err in finding that Keahon assaulted Lightning.
D. Applicability of the Georgia Workers’ Compensation Act
Roadway next contends that the Georgia Workers’ Compensation Act (the *1559 Act) provides the exclusive remedy for any injury Lightning suffered as a result of Roadway’s intentional infliction of emotional distress and assault. Accordingly, Roadway argues, the district court should not have entertained Lightning’s tort claims.
The Act states, in relevant part, that “[t]he rights and the remedies granted to an employee by this chapter shall exclude all other rights and remedies of such employee ... at common law or otherwise, on account of ... injury.” O.C.G.A. § 34-9-ll(a) (1992). The Act provides the following definition of injury: “ ‘Injury’ or ‘personal injury’ means only injury by accident arising out of and in the course of the employment-” O.C.G.A. § 34-9-1(4) (1992 & 1994 Supp.). Georgia courts have consistently held that “psychic trauma precipitated by psychic stimulus” (as opposed to physical injury) does not constitute an “injury” under the Act.
Hanson Buick Inc. v. Chatham,
E. Propriety of the Punitive Damages Award
Finally, Roadway argues that the district court’s award of punitive damages was excessive as a matter of law. Under Georgia law, “[p]unitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” O.C.G.A. § 51-12-5.1(b) (1982 & 1994 Supp.). Moreover, “[p]unitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.” O.C.G.A. § 51 — 12—5.1 (e) (1982 & 1994 Supp.). The district court found that “punitive damages are justified on the facts and are necessary to deter future wrongdoing.”
In determining the reasonableness of an award of punitive damages, courts should consider whether: (1) the misconduct caused personal injury or merely damage to property; (2) the actor’s misconduct was active or passive; and (3) a rational relationship exists between the misconduct and the amount of the award.
See Colonial Pipeline Co. v. Brown,
V. CONCLUSION
For the foregoing reasons, we affirm the judgment of the district court.
AFFIRMED.
Notes
All of the cases that Roadway cites in support of its preemption argument involved controversies relating to the terms and conditions of employment and thus required interpretation of the relevant collective-bargaining agreements.
See McCormick v. AT & T Technologies, Inc.,