Case details

Suit: Owner refused to send employee to doctor after injury

SUMMARY

$210000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In July 2015, plaintiff Amada Cordero, 47, a design assistant for Robin K., a fashion design company in Vernon, was terminated from her part-time position. Cordero claimed that prior to her firing, she sustained a repetitive-work injury to her wrists and that she reported the injury to the company’s supervisors and owners. She also claimed that she received medical treatment for her injury and was given a doctor’s note that listed her medical restrictions. However, Cordero claimed that when she provided the doctor’s note to her employer and asked to be placed on light duty, she was terminated the next day. Cordero sued the operators of Robin K., Catwalk to Sidewalk Inc. and Robin K. International Inc. Cordero alleged that the defendants’ actions constituted disability discrimination, a failure to accommodate, a failure to engage in the interactive process, retaliation, and a failure to prevent discrimination, all in violation of the Fair Employment and Housing Act. She also alleged that she was wrongfully discharged in violation of public policy. Robin K. International Inc. was ultimately dismissed from the case. Plaintiff’s counsel contended that the owner of the company repeatedly refused to send Cordero to a doctor, despite knowing that Cordero was injured in the workplace and that the owner knew employees had a right to workers’ compensation benefits to see a doctor immediately upon notice of a workplace injury, but that no reasonable steps were taken by the employer or owner to do that for Cordero before terminating her employment. Counsel also contended that Cordero’s doctor’s note expressly stated that Cordero should be sent to a workers’ compensation doctor. Defense counsel denied that Cordero was ever injured, but contended that despite that belief, Cordero was provided with medical care and accommodations in accordance to her alleged injury. Counsel also contended that Cordero was never terminated and that Cordero was provided with an accommodation of leave. In addition, defense counsel contended that, during depositions and at trial, Cordero acknowledged receiving both medical care and accommodations., Cordero was employed for approximately five years with the company before she was terminated. She claimed she suffers from emotional distress as a result of the incidents and her termination. Cordero sought recovery of general damages for her past and future emotional pain and suffering. She also sought recovery of punitive damages, claiming that the company owner’s behavior constituted malice and oppression.
COURT
Superior Court of Los Angeles County, Norwalk, CA

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