Case details

Former employer failed to find him work while injured: plaintiff

SUMMARY

$498098.08

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
FACTS
On May 27, 2000, plaintiff Robert Williams, 48, a bus driver for the Los Angeles County Metropolitan Transportation Authority, was involved in a motor vehicle accident while in the course and scope of his bus operator duties. He suffered orthopedic and was placed on intermittent leave, but returned as a bus driver with a pending worker’s compensation claim. When his were aggravated in June 2007, Williams was placed on a leave of absence. Williams claimed that he remained off-duty through June 2011, even though he deemed himself ready to return to work in some capacity within his restrictions, and had even inquired and applied for other positions within Transportation Authority. In June 2011, Williams was terminated from employment after the Transportation Authority determined that it did not have a position for him anymore. Williams sued the Los Angeles County Metropolitan Transportation Authority. He alleged that the defendant’s actions constituted disability discrimination, failure to provide reasonable accommodations, and failure to engage in the interactive process, all pursuant to the Fair Employment and Housing Act. Williams contended that he was discriminated against due to his disability, which was caused by orthopedic he suffered at work. He claimed that after his were aggravated in June 2007, the Transportation Authority failed to find him a position for nearly four years due to his temporary total disability status as a bus driver. He also claimed that when he was ready to fully return to work, the Transportation Authority refused to return him to his position as a bus driver or any other available position. The plaintiff’s expert treating orthopedist testified that Williams was able to return to light duty work either as a bus driver on a “trial basis” or in an office setting, and eventually was able to return to work as a full-time bus operator. However, Williams claimed the Transportation Authority continually denied him the right to return to work and ultimately terminated him. The Los Angeles County Metropolitan Transportation Authority disputed all of Williams’ liability claims. It contended that it made several efforts to find Williams a new position, but that he was either unqualified or the position was filled. The Transportation Authority claimed that from June 2007 through July 2009, Williams was medically unable to work and, accordingly, it did not seek alternative positions for him during that time. The Transportation Authority claimed that after Williams submitted medical documentation that indicated that he could return to office work in July 2009, it began the Americans with Disabilities Act Interactive Process in October 2009, for a maximum six-month period. It claimed that during that process, it found no positions for which Williams was qualified, which he was not medically restricted, and which were open. Thus, the Transportation Authority claimed that due to the lack of positions, Williams was medically separated from the company on June 1, 2011., Williams eventually found a new job with the U.S. Department of Veterans Affairs within a year of his termination. However, he claimed he started off earning minimum wage and was later given a raise/promotion to a position that he claimed was a “dream job” (helping homeless veterans off the street and into VA shelters). Williams claimed he suffered a loss of earnings from the Transportation Authority when he went out on leave in June 2007 until he started work for the VA in 2012. He also claimed he lost out on his pension at the Transportation Authority and continued to lose money because he was earning less at his new job. However, Williams claimed he was able to continue treating with his orthopedic doctor and psychologist through his worker’s compensation case that stemmed from his work-related . Defense counsel argued that since Williams was terminated for legitimate business reasons, Williams was owed zero damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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