Case details

Injured veterinarian could not perform job, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2013, plaintiff Bruce Cauble, a veterinarian for the San Diego County Department of Animal Services, filed a workers’ compensation claim as a result of lower back pain and carpal tunnel syndrome. Cauble previously rotated between San Diego’s three animal shelters — North Shelter in Carlsbad, Central Shelter in Mission Valley and South Shelter in Bonita — as a result of him being the only full-time veterinarian on staff who could perform surgeries. When he filed for workers’ compensation, Cauble was taken off his rotational duties between the three shelters and assigned exclusively to South Shelter in September 2013. Cauble claimed that South Shelter was the busiest shelter and that it was located farthest from his home. Eventually, the workers’ compensation physician treating Cauble issued work restrictions for March 6, 2014, through April 3, 2014, which included no lifting, carrying, pushing or pulling more than 20 pounds. San Diego County agreed to accommodate the restrictions, but it was eventually determined that Cauble needed bilateral wrist surgery. He requested medical leave to have carpal tunnel surgery on his right hand in April 2014 and then on his left hand in June 2014. He was granted leave, as requested, and he remained on leave for approximately the next two years. On Oct. 26, 2016, Cauble filed for service-connected disability retirement with the San Diego County Employees Retirement Association. Cauble sued San Diego County, which was initially erroneously sued as the County of San Department of Animal Services. Cauble alleged that the county failed to reasonably accommodate him and failed to engage in a good faith interactive process, resulting in disability discrimination. Cauble claimed that the county failed to accommodate him by placing him at the shelter that was located near his home. He alleged that rather than remain on medical leave or file for retirement, he would have rather worked as a part-time shelter veterinarian at the location closest to his home. Defense counsel argued that Cauble’s physical limitations made him no longer qualified as a veterinarian and that Cauble was unable to fulfill the essential functions of that job with or without reasonable accommodation. Counsel contended that the essential job function of a shelter veterinarian is to conduct surgeries, such as spaying and neutering, which require fine manipulation and grip strength. Defense counsel also contended that, by Cauble’s own admission, surgeries were up to 80 percent of his job and that Cauble did not dispute that he was unable to use his hands — especially his dominant, left hand — for the purpose of performing surgeries. Counsel further contended that after Cauble acknowledged that his physical limitations were preventing him from performing essential job functions, the county provided Cauble with leave as a reasonable accommodation. In addition, defense counsel contended that after several accommodation meetings, Cauble agreed there were several other essential functions he could not perform and applied for disability retirement benefits instead., Cauble sought recovery of lost wages from April 2014 to October 2016.
COURT
Superior Court of San Diego County, San Diego, CA

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