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Permanent work restrictions do not equate with “disability” under the ADA:

Wednesday, July 1, 2020

Booth v. Nissan North America, Inc., 927 F. 3d 387 (6th Cir.)

Employee had permanent work restrictions from a neck injury. He worked with permanent restrictions on the assembly line at Nissan for a decade without incident. He requested transfer to a different position in the facility which the employer denied because the requested position’s duties conflicted with the employee’s permanent restrictions. Soon thereafter, the employer announced plans to restructure the assembly line to include additional job duties. The additional job duties would have conflicted with the employee’s restrictions. When the employer told the employer this, the employer suggested the employee see his physician to see if the restrictions could be modified. He continued working on the original assembly line within his restrictions, and saw his physician. His physician modified his restrictions, clearing him to work on the restructured assembly line.

The employee brought suit in Federal Court alleging the employer violated the ADA by discriminating against him due to his disability by denying his transfer request and by failing to accommodate him by pressuring him to remove his work restrictions.

The Sixth Circuit Court of Appeals affirmed summary judgment to Nissan, holding that there was no evidence the employee was disabled or that the employer failed to accommodate him.  The Court explained that, having work restrictions does not equate with disability under the ADA. There must be a showing that the condition precludes the employee from working in a class or broad range of jobs.   

Things Clients Want to Know:

Wednesday, June 3, 2020

Questions: 

  • Do I have to pay  my employees when they have symptoms to be off work?  
  • Is there an offset for unemployment compensation received during this time period if a worker contracts COVID-19 and also receives workers’ compensation?
  • What is required to prove a COVID-19 BWC claim?
  •  Can I voluntarily pay a worker during his time off?

Answer:

The  COVID-19 pandemic raises many more questions as it relates to Ohio Workers’ Compensation law. The bottom line with regard to the COVID-19 pandemic is that legally this is uncharted territory and we will need to evaluate this on a case by case basis.  In this time of uncertainty, we know the safety of your employees is your greatest concern, if you have specific questions regarding preventative safety measures or how the law will apply to COVID-19 claims, please do not hesitate to contact us at 937-748-9770.   Staying healthy,  staying together and staying strong will move us through this unprecedented time.

Not every workers’ compensation claim requires the help of an attorney. But if you need one, choose experience, reputation, and most importantly, someone who understands how you do business.

LL Patterson LLC is founded on the principle of providing clients with exceptional and results oriented service. The singular mission of LLP is to aggressively and exclusively protect Ohio Employers’ rights in workers’ compensation, OSHA, VSSR, and employment related issues. Whether you’re in the medical or healthcare industry, the construction field, education, the corporate world, or small business, the goal remains the same: to reach final closure of your workers’ compensation claim in as little time as possible while minimizing cost.

Lisa L. Patterson understands the complex intricacies of the Ohio workers’ comp system and has sixteen years experience working with this very specific and sensitive form of law. A seasoned Ohio employers’ advocate, she will work to ensure that all parties’ claims are fairly and efficiently executed to protect your interests and assets.