California: Employer Wins in Case Involving Employee with Lifting Restriction
Takeaway: Procedural missteps might result in prolonged litigation, such as having to defend claims before a jury in the first place, even if they don’t necessarily lead to liability. An information technology worker with a lifting restriction failed to persuade a jury that she could perform her job’s essential functions . The California Court of Appeal affirmed a ruling in the employer’s favor, despite its finding that the employer’s process of determining the essential job functions was flawed. In April 2017, an on-the-job incident occurred in which the plaintiff, who worked for Riverside County, Calif., rode in a work vehicle where a fire extinguisher had exploded. As a result of exposure to chemicals in the fire extinguisher, she developed a condition called chemical pneumonia. To address her condition, she saw a doctor, who performed a full physical evaluation. A medical assistant checked a circle on an injury form indicating that the plaintiff “constantly” had to li...