Cartagena v. Temple Univ. Hosp., Inc.

389 F. Supp. 3d 341
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 27, 2019
DocketCIVIL ACTION NO. 17-3461
StatusPublished
Cited by2 cases

This text of 389 F. Supp. 3d 341 (Cartagena v. Temple Univ. Hosp., Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cartagena v. Temple Univ. Hosp., Inc., 389 F. Supp. 3d 341 (E.D. Pa. 2019).

Opinion

EDUARDO C. ROBRENO, District Judge

Presently before the Court are the motions for summary judgment filed by Defendant, Temple University Hospital, Inc., and the cross-motion for partial summary judgment filed by Plaintiff, Cherie Cartagena. After Plaintiff developed carpal tunnel syndrome in her right dominant hand, took medical leave for over a year, and showed no significant improvement, Defendant concluded that it could no longer accommodate Plaintiff and terminated her employment. As a result, Plaintiff filed this action alleging: (1) discrimination/failure *344to accommodate and retaliation under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ("ADA") and (2) retaliation under the Family Medical Leave Act, 29 U.S.C. § 2601, et. seq. ("FMLA").1 For the reasons that follow, the Court will grant Defendant's motions and deny Plaintiff's motion.

I. BACKGROUND2

A. Background on Plaintiff's Employment Position

Plaintiff was initially hired by Defendant in July 1993 as a Phlebotomist. On November 21, 2014, Plaintiff was promoted to Ctyology Prep Technician ("CPT"). The Ctyology Department processes bodily fluids, biopsy tissue, and other specimens for the purpose of diagnosing cancer and other diseases. These specimens are typically taken during surgery while the patients are under anesthesia and then brought to the Ctyology Department. Plaintiff was the only CPT in the department. Plaintiff's direct supervisor was Theresa Castle.

Castle described the essential job functions of a CPT as: (1) filtering and changing stains in the automatic staining machine; (2) lifting and pouring four liter and gallon containers of reagents; (3) preparing and maintaining laboratory reagents; (4) preparing specimens according to policies and procedure; (5) lifting and pouring specimens, including high volume body fluids (three liters); (6) being able to centrifuge, decant, and vortex specimens; (7) stocking and maintaining prep room supplies including unloading cases of reagents, cases of glass slides (greater than twenty pounds), and storing specimen containers in overhead bins and cabinets; and (8) cover-slipping glass slides, which requires fine motor skills. Castle explained that dexterity is a key component of the job and that a CPT needs to use two hands to handle specimens and must be able to write legibly. Defendant's job profile for the CPT position elaborates that a CPT is expected to lift up to 25 pounds for up to a third of the day.

Plaintiff testified, inter alia, that preparing slides requires a certain amount of bilateral dexterity, that she could not prepare a slide with only her left hand, that she regularly had to write details on a small portion of the slides, and that she used both hands throughout her workday. She further testified that the CPT position requires heavy lifting and regularly handling and pouring biohazardous materials including large jars of bodily fluids. However, Plaintiff also testified that, after developing carpal tunnel syndrome, other than the lifting and pouring aspects of the position, she could perform all essential functions of the job.

B. Relevant Factual History of Disability and Accommodation

Plaintiff alleges that on August 26, 2015, she began experiencing carpal tunnel symptoms while performing her CPT duties and took a medical leave of absence starting that day. She was diagnosed with carpal tunnel syndrome shortly thereafter.

On October 22, 2015, Defendant's Manager of Benefits and Absence Management, Richard West, wrote a letter to Plaintiff which included FMLA leave paperwork.

*345Plaintiff completed and submitted the paperwork on November 1, 2015. Defendant approved Plaintiff's leave request on November 3, 2015 for the period of October 21, 2015 through November 1, 2015. Plaintiff does not recall receiving an approval letter. Defendant allowed Plaintiff to remain on medical leave after November 1, 2015, specifically until September 2016. Defendant hired a temporary employee to cover the CPT position and ultimately hired a permanent replacement on August 26, 2016.

At various points during her leave period, West requested status updates from Plaintiff's physicians asking, inter alia, how her medical condition would affect her work. In response to these requests, and on their own initiative, Plaintiff's physicians supplied numerous notes indicating either that Plaintiff could not return to work or could return to work with certain limitations such as no heaving lifting or pushing or pulling, and no fine manipulation, simple grasping, or keyboarding with her right hand. The Court will remark on only a few of the individual notes which are particularly relevant.

On January 18, 2016, West asked Castle whether Plaintiff's restrictions regarding lifting could be accommodated in the CPT position. Castle responded that the Cytology Department could not accommodate those restrictions. The only possible modification to equipment identified by Castle was that "maybe" Defendant could purchase a hands-free vortexer, but that it was "prohibitively expensive." West discussed potential accommodations with Human Resources as well. West knew that Plaintiff's doctors repeatedly advised that she could not resume her full job duties and that she did not have a projected return date.

After her neurosurgeon cleared her for unrestricted work on February 12, 2016, Plaintiff attempted to come back to work full time on February 22, 2016. However, she left after two hours stating that she was incapable of performing her duties. Plaintiff then remained on leave. On April 4, 2016, Plaintiff had surgery on her right wrist and elbow.

On June 7, 2016, Defendant sent Plaintiff a letter indicating that her medical leave of absence would not be extended until her physician completed a physical capabilities worksheet and a medical update form. On June 30, 2016, Plaintiff submitted a doctor's note indicating that she would not be able to return to work until further notice. On July 6, 2016, Plaintiff's primary care physician opined that she could not lift over ten pounds, push or pull, or use her right upper extremity. In a July 8, 2016 medical update, Plaintiff's orthopedic surgeon opined that Plaintiff was unable to use her right upper extremity and could not perform the essential functions of her job until a time "TBD."

On July 11, 2016, West emailed the Director of Labor and Employee Relations, Cheryl Devose, and Albert D'Attilio noting that Plaintiff had been on medical leave since August 28, 2015, that Plaintiff had failed to submit a long-term disability claim, and that based on her ADA forms, it did not appear as though Defendant could continue accommodating her disability. West asked whether Defendant could terminate her employment, noting that more than six months of leave had elapsed and that employees have no additional rights beyond six months.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
389 F. Supp. 3d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cartagena-v-temple-univ-hosp-inc-paed-2019.