 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Easley v. Sea-Land Service2/28/2000
PUBLISHED IN PART
Washington law requires that an employer provide reasonable accommodation to an employee with a disability. The question here is whether the jury should have been instructed that the employer must prove a proposed 'reasonable' accommodation constituted an undue hardship to the employer. We hold that such an instruction was required, and reverse.
Facts
Lawrence Easley was one of about 116 journeyman mechanics working at Sea- Land Service. Sea-Land's journeyman mechanics are assigned to work in specific areas. Each area has different duties and requires physical labor to some degree. Once assigned to an area, the mechanics do not rotate. Seniority plays no role in assignment. Sea-Land has a policy that mechanics should ask for help to lift more than 50 pounds.
Easley worked in the van shop, the most physically demanding of all areas. On August 15, 1991, while using an air-powered chisel to open a rusty container door, Easley suffered a herniated disc. Easley went on medical leave. Dr. Juan Juarez and Dr. Kelvin Ma recommended Easley not do 'racheting jobs' or anything that would jeopardize his neck. When he returned to work, he was assigned to the van shop. Easley requested a position in the less rigorous 'inspection lane.' After a brief period there, he was sent back to the van shop.
While processing Easley's worker's compensation claim, Sea-Land became alarmed by his medical records and sent him home out of concern he would suffer further injury. Sea-Land did not try to find a job Easley could do or ask him about the specific nature of his medical restrictions.
Easley underwent a physical capacities examination (PCE) in December 1991. The PCE occupational therapist recommended that Easley not return to his job of injury because it requires continuous use of air tools, and that light duty positions be considered. Easley hand-delivered the PCE report to Sea-Land, but was told it was not acceptable because the therapist did not have a description of the mechanic job.
Sea-Land set up an independent medical examination (IME) on January 29, 1992. The IME confirmed Easley could return to work with restrictions as stated in the PCE. The doctors pronounced Easley 'fit for employment' and recommended restrictions against lifting more than 30 pounds above the shoulder for the next 90 days. The report continued:
At the end of that time, Mr. Easley will know if he is able to do his regular job, and I am sure he will do that job if he is capable. If such is not the case, I would recommend that he be maintained on a permanent basis with restrictions against lifting 30 pounds above the level of his shoulders.
Easley did not receive a copy of the IME report and was not informed of the doctors' recommendations. On March 9, 1992, Sea-Land told Easley to return to work. He was again assigned to the van shop. As before, he consistently requested lighter assignments.
In July 1992, while Easley was on vacation, Sea-Land eliminated the inspection lane where Easley had been working. When he returned, Easley was sent to the van shop. Easley complained, then met with management. During that meeting, Sea-Land called Crawford & Company, its worker compensation administrator, to ask if they could legally require Easley to work in the van shop. A Crawford representative responded that Easley could work anywhere provided he was not required to lift more than 30 pounds over his shoulders.
Later that month, Sea-Land sent Easley to a second IME to determine if Easley could return to his job of injury. After the exam, Easley returned to the van shop. That same day, the IME docto
Page 1 2 3 4 5 6 7 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|