(DOWNLOAD) "Mays v. Principi" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

July 01, 2021

eBook details

Title: Mays v. Principi
Author : Seventh Circuit U.S. Court of Appeals
Release Date : January 05, 2002
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

This is an appeal from the grant of summary judgment to the defendant, the Veterans Administration, in a suit under the Rehabilitation Act of 1973, 29 U.S.C. Â§Â§ 701 et seq., the counterpart for federal agency defendants to the employment provisions of the subsequently enacted Americans with Disabilities Act. The plaintiff, a nurse at a VA hospital, injured her back help-ing to lift a 400-pound patient. After some weeks off work she returned to duty as a light-duty nurse, a temporary position (rather than a regular part of the hospitals table of organization) requiring less strength than the regular nursing job the plaintiff had had when she was injured. A year and a half later she was removed from the light-duty job for reasons unrelated to her injury. Shortly before that a physician had opined that the injury was permanent and had restricted her (in the words of her opening brief in this court) to "sedentary work, maximum lifts of 10 pounds, no work at or above shoulder level, and no patient lifting," but added that she could return to her job as a light-duty nurse. The light-duty nurse position having evaporated (and the hospital not obliged to recreate it, that is, to "manufacture a job that will enable the disabled worker to work despite his disability," Hansen v. Henderson, 233 F.3d 521, 523-24 (7th Cir. 2000)), the hospital assigned her to a clerical support position that paid a much lower salary although, with the workers compensation that she received for her injury, her after-tax in come was (and, so far as appears, will continue to be) the same as when she had been a nurse. She complains that in reassigning her to the clerical job the VA failed to provide a proper accommodation for her disability.