Facts

Rebecca Limon, a crime scene specialist for the City of San Diego (City), worked on a murder scene at San Diego City College. When Limon was taking photographs and while the medical examiner was discussing the mutilation of the victim, Limon lost control of herself and was unable to breathe and began to cry uncontrollably. Limon had to leave the scene. After being exposed to the crime scene, Limon was unable to perform the functions of her job due to flashbacks from the crime scene. A treating physician placed Limon on medical leave and referred her to a psychologist, who diagnosed Limon with post-traumatic stress disorder. The psychologist the cause of Limon's condition was due to excessive and overwhelming anxiety, traumatic stress, intrusive thoughts and flashbacks. Limon filed a workers' compensation claim based on her psychological condition and took medical leave for one year. Limon claims that she was discriminated against based on her disability and that when she took a second medical leave, the City put her on an extended leave of absence. The City notified her that she was on an unapproved leave and gave her the option of returning, resigning, or taking a special leave without pay. Limon sued the City of San Diego and the San Diego Police Department alleging defendants engaged in disability discrimination, failed to provide reasonable accommodation, failed to engage in an interactive process, retaliation, and failed to take reasonable steps to prevent discrimination and/or harassment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that her PTSD was a valid reason to take medical leave. Plaintiff contended defendants constantly made criticisms for taking a medical leave related to her workers' compensation PTSD case. Plaintiff contended that defendants failed to accommodate her because defendants did not transfer her to another position. Plaintiffs contended that as a result of not being accommodated, she suffered a reoccurrence of her medical condition. Plaintiff contended that while on her second leave the defendants discriminated her based on her disability. Plaintiffs contended that defendants should have identified other positions that she can be placed in after her first medical leave.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendant contended that it never received noticed plaintiff was taking a second medical leave and as a result, plaintiff was given the options of returning to work, resigning, or taking a special leave without pay.

Damages

Lost wages, emotional pain and suffering

Injuries

Emotional distress

Result

The case settled for $425,000. Plaintiff was also placed in a subsequent open position.