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Ridgely v. Montgomery County9/15/2005
Hollander, Eyler, Deborah S., Barbera, JJ.
The Circuit Court for Montgomery County granted summary judgment in favor of Montgomery County, the appellee, in an employment discrimination action based on disability brought by Donald Ridgely, the appellant.
The appellant poses five questions for our review, which we have consolidated into one: Was the circuit court's decision to grant summary judgment legally incorrect? For the following reasons, we answer "no" to this question and shall affirm the judgment of the circuit court.
FACTS AND PROCEEDINGS
On October 6, 1980, the appellant was hired as a firefighter by the Montgomery County Department of Fire and Rescue Services ("the Department"). He was promoted several times and in 1990 attained the rank of Fire/Rescue Captain.
The appellant's duties as a captain included supervising shifts at the fire station, responding to fire and rescue incidents, assuming command of fire/rescue personnel at the incident scene, supervising fire investigations, repairing or overseeing repairs to the station, conducting employee training and evaluations, driving rescue vehicles, and providing administrative support to the Department. The position required periods of strenuous physical effort, such as scaling ladders while carrying 60 to 65 pounds of equipment, operating heavy equipment, and being exposed to extreme environments.
The Department requires firefighters to undergo annual medical examinations to ascertain their fitness for duty. The examinations are performed by doctors employed by Montgomery County's Fire and Rescue Occupational Medical Services ("OMS"). Upon performing a fitness examination, the examining doctor completes a "Health Status Report," which states whether the employee can perform full duties. The report discloses whether the employee has any medical impairments. The doctor indicates by boxes on the report any work restrictions he considers appropriate. The report is submitted to the Department, which makes the final decision about fitness and work restrictions. Ordinarily, the Department accepts the recommendations of OMS.
In February of 1997, the appellant began falling asleep during the day. He would fall asleep while driving, while performing sedentary activities, and once while driving his riding lawn mower. A few months later, the appellant noticed that his knees would buckle and his eyes would flutter when he laughed. He discussed these problems with his personal physician, who recommended sleep studies. A sleep study conducted in the fall of 1997 revealed that the appellant had narcolepsy. He was then referred to a neurologist, Dr. Marc Raphaelson, for additional care. The appellant did not notify anyone at the Department of his condition or these developments.
In February of 1998, Dr. Raphaelson diagnosed the appellant with narcolepsy and related cataplexy and prescribed several medications. The appellant immediately reported his diagnosis and the medications to the Department. He also gave the Department a "Medical Evaluation of Work Status Form" signed by Dr. Raphaelson. It stated that the appellant was qualified "to work in FULL DUTY status, without physical restriction."
On April 13, 1998, the appellant returned to Dr. Raphaelson for re-evaluation. He reported that his cataplexy had worsened, particularly when he played tennis or laughed, and that he required more medicine to remain awake. Dr. Raphaelson adjusted the appellant's medications. In his office note, Dr. Raphaelson wrote that the diagnosis was "narcolepsy with cataplexy that is poorly controlled."
The appellant saw Dr. Raphaelson for follow up on May 19
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