Minta Cooper v. Centeral & Southwet Services

Because plaintiff does not challenge the district court's recitation of the facts, we summarize these from the district court's order granting summary judgment. Aplt. App., Vol. I at 3. Plaintiff was initially employed by defendant in 1994 starting as a programmer analyst. In March of 1996, she moved to the Human Resource Management Information Services group as a Human Resource Systems Analyst/Consultant. Aplt. App., Vol. I at 3-4. In December of 1996, she began to feel pain and discomfort in her hands; she filed her worker's compensation claim in April of 1997. Id. at 4. That June she discussed with her manager, Ms. Wilson, the fact that her hands were bothering her. Id. at 5. Plaintiff's request for a different keyboard was granted, but she neither received it nor followed up in obtaining it. Id. In July, plaintiff's earlier request to reduce her hours was granted, and she began a time-sharing job on July 27. Id. Throughout her previous employment with defendant it appears she had worked full time. On July 30, plaintiff underwent her first medical evaluation, at which time the workers' compensation claim physician, Dr. Watts, reported that the condition with her hands was likely related to repetitive keyboard activities at work. Id. Dr. Watts permitted plaintiff to continue working, but she did not return to work. In early August she obtained a note from Dr. Watts which took her off work until further notice. Id. at 5-6.

In October of 1997, plaintiff was released to work with the following restrictions: "No use of keyboard. Verbal training of new employees." Id. at 6. She returned on a restricted basis about the first of November. On November 5, Dr. Watts continued the restriction of not using the keyboard, but on December 10, he released her for one hour keyboarding per day, knowing she was working a four-hour day. Id.

About December 30, Ms. Wilson sent plaintiff a letter telling her not to report to work pending defendant's receipt of further medical information about her and her prognosis. Id. at 6-7. On January 7, 1998, Dr. Watts furnished a report expressing doubt plaintiff would be able to return to full, unrestricted duty as a Human Resource System Analyst/Consultant. He did think, however, that she might eventually be able to perform heavy keyboard usage half the time she was working. Id. at 7.

Ms. Wilson then contacted plaintiff asking her to identify potential accommodations that might permit her continued employment. Id. In March, the Human Resources manager sent plaintiff a letter confirming that she had been asked to suggest accommodations but had not provided any. Id. The letter further advised plaintiff that she was being placed on leave under the Family and Medical Leave Act (FMLA) and that she could return to her normal duties if her medical condition so warranted, or, alternatively she could seek another position within the organization. The letter signed off with the admonition that if, after the twelve-week leave period under FMLA, plaintiff was unable to return to her normal duties and had not found another position, she would be terminated. Id. at 7-8.

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Accordingly, the judgment of the district court as to the workers' compensation claim is Reversed, and the matter is Remanded for further proceedings consistent with this opinion. The district court's judgment is affirmed in all other respects.

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