Facts

On Jan. 20, 2010, plaintiff Lilia Macias, a 46-year-old customer service representative, took a leave of absence because of an on-the-job injury to her right arm. She returned to work after approximately 10 months with a restriction of 45 minutes typing and 15 minutes of alternative work.

On Aug. 26, 2011, plaintiff had a relapse and took another leave.

PLAINTIFF'S CONTENTIONS:
In December 2011, plaintiff requested a return to work based on plaintiff's doctor's consent that allowed her to return on the previous 45/15 basis and requested a meeting. Plaintiff claimed defendant had plaintiff stay off work pending further notice. On April 18, 2012, plaintiff still had not heard back from defendant and sent defendant a certified letter requesting a return to work. There was no response. Plaintiff argued that defendant's internal documents indicated defendant never intended to offer plaintiff a return to work. Plaintiff claimed that defendant demanded that as a condition of settling her workers' compensation case that she resign her employment with defendant. In order to settle her workers' compensation case, she resigned in August 2012.

Plaintiff claimed that defendant violated Government Code section 12940 (m) by failing to accommodate plaintiff's disability, and section 12940 (n) by failing to engage in an interactive process to attempt an accommodation. In addition, plaintiff's resignation does not affect her rights Cloud v. Casey (1999) 76 (Cal App 4th 895, 908).

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff's disability precluded her ability to do her job.

Damages

Plaintiff claimed loss of wages and employment benefits.

Injuries

Plaintiff claimed emotional distress.

Result

The court awarded plaintiff $53,608 and $270,250 in attorney fees, plus costs.