In August 2009, plaintiff Gary L. Johnson, 60s, was hired as a commercial truck driver by Bulk Transportation, a transporter of bulk commodities based in Adelanto. In February 2011, he was diagnosed with emphysema and placed on an indefinite work restriction. Johnson was prohibited from exposure to silica sand, lime, hydrated lime and other products that jeopardized his respiratory health. Due to the restriction, an accommodation was made for Johnson to primarily transport products consisting of brine water and rice/dog food ingredients. In February 2012, Johnson filed a workers’ compensation claim, alleging continuing trauma/exposure to hazardous products. Johnson took medical leave upon filing the claim, and in April 2012, filed a complaint with the Department of Fair Employment and Housing for disability discrimination, failure to accommodate and failure to engage in the interactive process. Johnson then sued Bulk Transportation, alleging disability discrimination, failure to accommodate and failure to engage in the interactive process. Johnson contended that after being put on work restriction, his hours were drastically reduced making him a part-time employee. He claimed that as a result of losing full-time status, he lost his health insurance. Johnson claimed that the defendant failed to accommodate his disability, in which he could still be a full-time employee. Bulk denied all of Johnson’s claims. The defendant claimed that due to the indisputable work restriction set forth by Johnson’s emphysema, he could not transport the commodities that made up the majority of the company’s haul. As a result, an accommodation was made for Johnson to transport brine water and other unrestricted products, up until the fall of 2011 when Bulk claimed it lost its poultry fat (dog food) contract, as well as up to the end of 2012 when Bulk claimed that it lost its brine water contract, according to the defense. Bulk further claimed that Johnson twice turned down accommodations, one of which would transfer him to the Walnut Creek facility to transport liquid chemicals. Johnson further turned down an opportunity at its west coast Bulk facility, to be paid on a commission basis instead of a mileage basis, which would have paid the plaintiff a comparable salary to what he was previously earning, defense counsel argued. , Johnson has not returned to work since filing his workers’ compensation claim, and is still on registered medical leave. He sought $350,000 in future compensatory damages for lost earnings. He sought $500,000 in general damages, and punitive damages if the jury found malice. Bulk contended that Johnson failed to mitigate his damages by turning down two accommodations that would have earned him a comparable salary. Furthermore, the defendant claimed that even if Johnson accepted the accommodations, he was not qualified to pass a bi-annual Department of Transportation physical and renew his commercial driver certification, due to his advanced emphysema condition. Johnson was simply no longer qualified to perform the essential functions of his position, according to the defense.