Case details
Plaintiff: Employer failed to accommodate work restrictions
SUMMARY
$420000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Aug. 24, 2015, plaintiff Denise Abinante, 52, a central supply supervisor for Fremont-Rideout Health Group, a healthcare provider in Yuba City, was terminated from her employment. Abinante previously sustained a workplace injury to her back on Sept. 15, 2014. She immediately reported her injury to her supervisor before presenting to the emergency room. On Sept. 17, 2014, Abinante’s medical provider concluded that Abinante had sustained several , including a sprain in the lumbar region, a displacement of a lumbar disc, and idiopathic scoliosis. Abinante returned to work on Sept. 22, 2014, but was put on modified duty as a result of her physical disability. Her work restrictions consisted of a reduced hour schedule of four hours per day; no bending and stooping; and no lifting, pushing or pulling more than five pounds. Abinante then worked with the restrictions, and the group accommodated the restrictions through April 2015, at which time her occupational physician approved Abinante to return to work without restrictions. On May 26, 2015, Abinante took a leave of absence for stress-induced illness through Aug. 25, 2015. On June 24, 2015, during her medical leave, Abinante underwent a brief workers’ compensation qualified medical evaluation to assess her physical disability, write a medical-legal report, and determine her eligibility for workers’ compensation benefits. It was determined that Abinante had reached maximum medical improvement, and it was indicated that Abinante would have a work restriction of “no repetitive bending and stooping, and no heavy lifting over 20 pounds.” In anticipation of her return to work on Aug. 26, 2015, Abinante reached out to the Fremont-Rideout Health Group to arrange a meeting to provide her qualified medical examination report and updated work restrictions, and discuss her return to work. However, Abinante claimed the group concluded that it could not accommodate Abinante’s restrictions, even though she had previously performed the essential functions with more restrictive limitations for over seven months. As a result, effective Aug. 24, 2015, Abinante was terminated form her position. Abinante sued The Fremont-Rideout Health Group, alleging that the group’s actions constituted disability discrimination, a failure to accommodate, a failure to engage in an interactive process regarding any possible accommodations, a failure to prevent discrimination, and wrongful termination in violation of the Fair Employment and Housing Act. Abinante began working for the Fremont-Rideout Health Group in January 1996. She claimed that throughout her employment with the group, she received stellar performance reviews and continuously advanced in positions over the years until her final promotion as a central supply supervisor in December 2008. Abinante claimed that the group failed to interact with her to identify reasonable accommodations that would permit her to continue working during her recovery, including additional leave of absence. She also claimed the group failed to prevent discrimination in the workplace. Thus, Abinante claimed that she was terminated after 20 years of employment due to her disability. Defense counsel contended that Abinante could not perform her job as a central supply supervisor. Counsel also contended that the group could not accommodate Abinante’s work restrictions of no repetitive bending and stooping, and no heavy lifting over 20 pounds in her job as a central supply supervisor. In addition, defense counsel argued that it was unable to offer Abinante a regular, modified, or alternative position., Abinante claimed that she suffered emotional distress as a result of her termination. However, she did not seek counseling. She also claimed she suffered a loss of earnings. The plaintiff’s economics expert discussed Abinante’s past and future wage loss. Thus, Abinante sought recovery for two years of past lost wages and five years of future lost wages. She also sought recovery of non-economic damages for her alleged emotional pain and suffering, but she left it up to the jury to decide an amount.
COURT
Superior Court of Yuba County, Marysville, CA
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