Case details

Plaintiff claimed city failed to accommodate her disability

SUMMARY

$425000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Nov. 9, 2010, plaintiff Rebecca Limon, a crime scene specialist for the city of San Diego, went out on medical leave. Prior to being on leave, Limon worked on a murder scene at San Diego City College on Oct. 12, 2010. As the medical examiner was discussing the mutilation of the victim while Limon was taking photographs, Limon allegedly lost control of herself, was unable to breathe and began to cry uncontrollably. She claimed that as a result, she had to leave the scene. After her exposure to the crime scene on Oct. 12, 2010, Limon attempted to perform her job, but was allegedly unable to function due to flashbacks from the previous distressing scene. As a result, a treating physician placed Limon on medical leave on Nov. 9, 2010, and referred Limon to a psychologist, who ultimately diagnosed Limon with post-traumatic stress disorder. The psychologist opined that Limon’s condition was due to excessive and overwhelming anxiety, traumatic stress, intrusive thoughts and flashbacks. Limon eventually filed a workers’ compensation claim based on her psychological condition and took medical leave for one year. However, Limon claimed that she was discriminated against based on her disability and that when she took a second medical leave, the city put her on an extended leave of absence. They city also notified her that she was on an unapproved leave of absence, and gave her the option of returning, resigning or to take a special leave without pay. Limon sued the city of San Diego and the San Diego Police Department, alleging that the defendants’ actions constituted disability discrimination, a failure to provide reasonable accommodation, a failure to engage in an interactive process, retaliation, and a failure to take all reasonable steps to prevent discrimination and/or harassment. Limon claimed that when she returned to work on Nov. 14, 2011, after her first medical leave, she was constantly criticized for taking a medical leave related to her workers’ compensation PTSD case and that the criticism continued through 2014. She alleged that she ultimately asked to be transferred to another position, as an accommodation, so that she could keep working despite her diagnosis, but that her accommodation was not granted. Limon claimed that as a result of being denied an accommodation, she suffered a recurrence of her condition in January 2014 and needed to take a second medical leave. She alleged that while on her second medical leave, she was discriminated against by the city based on her disability, which prevented her recovery. Limon claimed that her medical leaves were necessary and that when she returned to work after her first medical leave, the city should have identified other positions that she could have been placed in or done. Defense counsel contended that the city never received notice that Limon was taking a second medical leave and that as a result, Limon was given the options of returning to work, resigning, or taking a special leave without pay., Limon was at her position since 2002. She claimed she suffered from emotional distress as a result of the events related to her having to take a special leave without pay. Limon sought recovery of lost wages and damages for emotional pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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