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Tag Archives: disability

Labor & Employment – ADA – ‘Regarded as’ — Individual Defendants (access required)

Benitez v. Maxim Healthcare Services Plaintiff alleges that defendant Newman told plaintiff that she could no longer work for defendant Maxim Healthcare Services because she “had a mental problem and couldn’t work with [Maxim’s] clients.” Plaintiff also alleges that defendant Baxter referred plaintiff to defendant Miskow at the Chatham County Department of Social Services for more information. Such allegations are insufficient to state a claim that Maxim regarded plaintiff has having a disability.

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Workers’ Compensation – Disability – Modified Position (access required)

Sellers v. McArthur Supply After plaintiff’s compensable arm injury left him with permanent work restrictions, the defendant-employer modified plaintiff’s position so he could keep working. Although plaintiff continued to work in the modified position until he suffered a heart attack, the modified position was not available in the competitive work place.

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Insurance – Disability – Breach of Contract – Civil Practice – Statute of Limitations – Constructive Fraud (access required)

Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.

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Workers’ Compensation – Disability – Carpal Tunnel Syndrome — Futility – Other Factors (access required)

Allen v. HBD Industries Even though plaintiff’s physician released him to return to full-duty work, the Industrial Commission’s finding of disability was supported by the testimony of a rehabilitation counselor that plaintiff was unemployable because of his advanced age, functional illiteracy, low cognitive ability, and work history in repetitive and labor-intensive jobs, which his injury left him unable to perform.

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Workers’ Compensation – Disability – Duration — Insufficient Proof – Thigh Laceration – Back & Knee Pain – Causation (access required)

Smith v. Baxter International, Inc. Plaintiff’s medical evidence did not prove that she was disabled after Jan. 31, 2008; on that date, plaintiff told her plastic surgeon that her pain level was “zero on a zero to 10 pain scale,” and the doctor released her with no permanent work restrictions. Furthermore, plaintiff’s rehabilitation counselor’s opinion that she could not work was based on a psychologist’s conclusion that plaintiff’s depression (exacerbated by her work injury) impaired her ability to return to work and maintain employment; however, the psychologist was unaware that plaintiff helped her husband with customers at a public trade lot one day a week, babysat her toddler-age grandchildren one day a week, and had gone on several family camping trips after her injury.

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