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Employment Law
Disability Discrimination
Failure to Accomodate

Melba Morrison v. Southern California Permanente Medical Group, et al.

Published: Apr. 8, 2000 | Result Date: Sep. 20, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 97CV1938J Bench Verdict –  $0

Court

USDC Southern District of California


Attorneys

Plaintiff

Marianne S. Johnson
(Law Office of Philip M. Cohen)

Philip M. Cohen


Defendant

Guillermo Cabrera
(The Cabrera Firm APC)

Michael Jensen


Facts

Plaintiff, an LVN in defendantÆs medical surgery clinic, suffered a sciatic nerve problem and underwent knee surgery in 1994. Defendant gave her a leave of absence and allowed her to return to work on light duty. Plaintiff performed light duty work for approximately four months and then returned to full-time work. However, after working full-time for several months, plaintiffÆs condition deteriorated, and defendant accommodated plaintiff by returning her to a light duty schedule. Subsequently, plaintiffÆs physicians placed her on total disability for more than a year, after which she was released to perform semi-sedentary activities. Plaintiff could not stoop, bend, push, pull or lift anything heavy and she had to be permitted to sit or stand at will. Because of these restrictions, plaintiff and defendant agreed that plaintiff should undertake vocational rehabilitation. Plaintiff began training to become a medical transcriptionist, but her injuries prevented her from extended periods of sitting. She quit the program and asked that the defendant hire her back into her former job, with accommodations, or transfer her to a lighter duty position in the primary care clinic.

Settlement Discussions

The plaintiff demanded a make-whole remedy only. The defendant made no offers.

Other Information

Case resolved approximately 14 months after it was filed. No trial had been set.


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