Brian Wurzel v. Whirlpool Corporation

482 F. App'x 1
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 27, 2012
Docket10-3629
StatusUnpublished
Cited by21 cases

This text of 482 F. App'x 1 (Brian Wurzel v. Whirlpool Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brian Wurzel v. Whirlpool Corporation, 482 F. App'x 1 (6th Cir. 2012).

Opinion

OPINION

MARK GOLDSMITH, District Judge.

Plaintiff Brian Wurzel appeals the district court’s order granting Defendant Whirlpool Corporation’s motion for summary judgment in this employment discrimination case, brought principally under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. The district court granted summary judgment, in part, based on Wurzel posing a direct threat to his own safety and that of others in the plant. Although we employ .a different analysis than did the district court, we ultimately conclude that the record establishes, as a matter of law, that Wurzel did pose a direct threat. In particular, the record establishes that Whirlpool’s determination that Wurzel posed a direct threat was based on a reasonable medical judgment, which relied on the most current *2 medical knowledge and best available objective evidence and reflected an individualized assessment of Wurzel’s abilities. The record also establishes that there is no evidence of a reasonably based medical judgment supporting the view that Wurzel did not pose a direct threat. Accordingly, we AFFIRM.

FACTS AND PROCEDURAL HISTORY I. Facts

Brian Wurzel began working for Whirlpool in 1983. In 2003, Wurzel was employed as a materials handler at Whirlpool’s Clyde Division manufacturing site. Wurzel’s primary duty was to drive a tow motor (forklift) to transport boxes containing product literature to and from a subas-sembly area. This entailed driving throughout the factory floor among pedestrian co-workers at a speed of between five and seven miles per hour. Being able to safely operate a tow motor is an essential function of the materials-handler position.

Whirlpool’s Clyde Division employs over 2,500 employees and contains six operating assembly lines, all of which include moving machinery. Numerous vehicles are used onsite, including tow motors weighing 10,-000 pounds. Tow motors and pedestrians share space; tow motor lanes and pedestrian lanes are separated by painted lines only. The site also has other machinery including presses, drills, cutting machinery, and moving assembly lines carrying large parts and products. The machines are automated and many of them move at a fast pace.

Wurzel’s medical problems related to this case first began in April 2003 when Wurzel visited a hospital emergency room because of chest pain. Wurzel Dep. at 43 (R. 35). In May 2003, Wurzel visited Whirlpool’s Employee Health Center (EHC) with chest pain. Patient Note of 5/15/03 (R. 30-15). In November 2007, Wurzel was diagnosed with Prinzmetal angina. Wurzel Dep. at 28.

Prinzmetal angina causes spasms in the coronary arteries. Issa Dep. at 9 (R. 38). There is no way for Wurzel to predict when a spasm will occur, how severe it will be, or how long it will last. Id. at 10; Wurzel Dep. at 40. When he has a spasm, Wurzel experiences tightness in his chest, shortness of breath, numbness in his left arm, pain in his neck, and sometimes dizziness and fatigue. Wurzel Dep. at 33-34. When Wurzel begins to experience a spasm, he takes nitroglycerin pills to relieve his symptoms. Id. at 29. Wurzel was directed to take up to three nitroglycerin pills, five minutes apart; if his symptoms were not relieved after that, he should go to an emergency room. Issa Dep. at 76-77, 87. A side effect of nitroglycerin is hypotension, which can also lead to dizziness, lightheadedness, and fatigue. Id. at 46-47, 77.

Despite his affirmation that he did not know when a spasm would occur, Wurzel contends that he would be able to stop what he was doing before becoming incapacitated. Wurzel Dep. at 130 (R. 36). At the beginning of a spasm, he would feel something akin to indigestion, and then when he was not “feeling right” he would “stop and see how things progressed.” Id. at 130, 144. If he felt safe, then he continued working; if he did not feel safe, he would let his supervisor know that he was not able to continue working. Id. The parties agree that Wurzel had a clean rec- ■ ord driving the tow motor. Id.

Over the course of the relevant time period, Wurzel visited, or was reviewed by, several doctors, including Dr. Robert Marshall (Whirlpool’s plant physician), Dr. Mark Issa (Wurzel’s treating cardiologist), Dr. Frederick Stockton (a cardiology specialist who also treated Wurzel), and Dr. *3 Haridas Biswas (a cardiologist who conducted an independent medical examination on Wurzel).

In November 2007, Wurzel underwent a heart catheterization performed by Dr. Stockton, who recommended that Wurzel could work with no restrictions. Note of 11/8/07 (R. 42-1 at 85). Wurzel then met with Whirlpool’s plant physician, Dr. Marshall, for a return-to-work evaluation. Marshall Dep. at 19-20 (R. 43). Dr. Marshall’s job as plant physician is to treat injured workers and to evaluate workers to confirm that they are medically able to perform their jobs. Id. at 5. At the meeting, Wurzel informed Dr. Marshall that he had been diagnosed with Prinzmetal angina, and that he took nitroglycerin pills to relieve his symptoms. Marshall Note of 11/8/07 (R. 37-2 at 23). Wurzel told Dr. Marshall that he was not having any problems at the time, and that he had to use nitroglycerin about once every two months, but “that takes care of it.” Id. After confirming that Dr. Stockton understood Wurzel’s job duties and their safety-sensitive nature, Dr. Marshall returned Wurzel to his materials-handler job without restriction. Id.

On March 11, 2008, Wurzel had an angina spasm and visited the EHC. Wurzel Dep. at 98-99 (R. 35). Wurzel had not taken his nitroglycerin pills and was instead “trying to fight it.” Id. Wurzel was fatigued, felt that he could not safely operate a tow motor, and went home. Id. In Wurzel’s return-to-work evaluation with Dr. Marshall two days later, Wurzel told Dr. Marshall that he had experienced two spasms back-to-back, but that his symptoms resolved after he took nitroglycerin. Marshall Note of 3/13/08 (R. 37-2 at 24). Dr. Marshall noted his concern that Wur-zel might be at risk for sudden incapacitation, and stated that he would await further information from Wurzel’s treating cardiologist, Dr. Issa, regarding Wurzel’s status and whether he should be driving. Id.

However, when Wurzel saw Dr. Issa, Wurzel was not entirely forthcoming about his medical history. He informed Dr. Issa that he had experienced “rare episodes of chest tightness relieved with nitroglycerin,” but Wurzel “otherwise denied any cardiac symptoms.” Wurzel Dep. at 107 (R. 36); Issa Notes of 3/13/08 (R. 37-2 at 25). Wurzel did not tell Dr. Issa that he had gone to.the EHC because of a spasm, or that he had left work early due to his own concerns related to fatigue and safety. Id.; Issa Dep. at 50. Although Wurzel states that he told Dr. Issa that he operated a tow motor, Wurzel Dep. at 109, Dr. Issa testified at his deposition that he did not know what type of machinery Wurzel operated, nor was he familiar -with the Whirlpool plant or Wurzel’s working environment. Issa Dep. at 57-58. Dr.

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