On July 14, 2011, plaintiff Arkady Kivman, 57, a production technician, was asked by his direct supervisor to clean out a 40-foot storage trailer. However, he claimed he would be unable to complete the task due to his medical condition. As a result, Kivman was fired minutes after refusing to undertake the tasks demanded by his boss. Kivman sued his employers, Aeros Aeronautical Systems Corp. and Worldwide Aeros Corp., which were treated as the same company. Kivman alleged that the defendants’ actions constituted disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination and wrongful termination. Kivman asserted that he was injured in mid-2007, requiring a disc-fusion surgery, and that he subsequently took a medical leave before eventually returning to work in 2008 with restrictions. He also asserted that in 2010, he was injured again with blood poisoning and an arthritis flare-up, and had to take a two-week medical leave before again returning to work with restrictions. Kivman further asserted that he was again injured in 2011, this time with a torn tendon in his shoulder. He claimed that shortly after his last injury, and before he had a chance to seek treatment, the incident with his direct supervisor telling him to clean out the storage trailer occurred. Kivman contended that he told his employer about the in 2007 and 2010, but that his requests for accommodation were ignored. He also contended that on the day of his termination, he told his boss that he had hurt himself and needed to see a doctor, and therefore, he could not clean the storage trailer. However, Kivman claimed that his boss got mad and terminated him. Thus, he contended that he was not terminated for a legitimate business reason, as he had received numerous bonuses, letters and raises, and only had two reprimands in his file, neither of which dealt with performance issues. Aeros Aeronautical and Worldwide Aeros claimed that while they were aware of Kivman’s 2007 injury, he never requested an accommodation, but because they were aware of the injury, they accommodated him anyway. However, they claimed that they were unaware of the 2010 and 2011 , or Kivman’s request for an accommodation. In addition, Aeros Aeronautical and Worldwide Aeros claimed that Kivman was performing poorly and that he had received many warnings, but that they kept him around as a charity because without the job, he wouldn’t have money to support himself. Thus, defense counsel argued that when Kivman refused to clean the storage trailer, Aeros Aeronautical and Worldwide Aeros eliminated his position and fired him for insubordination, as Kivman refused requests to clean up without mentioning his ., Kivman claimed he suffered emotional distress and lost income as a result of his termination. As a result, he received nominal treatment for his emotional distress in his worker’s compensation case. Thus, Kivman sought recovery of $4,392 for his past medical costs, and $13,780 for his future medical costs, $80,505 for his past lost earnings and $53,834 for his future lost earnings.