Consedine v. Willimansett East SNF

213 F. Supp. 3d 253, 33 Am. Disabilities Cas. (BNA) 31, 2016 U.S. Dist. LEXIS 137002, 2016 WL 6774242
CourtDistrict Court, D. Massachusetts
DecidedSeptember 30, 2016
DocketCivil Action No. 13-30193-MGM
StatusPublished
Cited by2 cases

This text of 213 F. Supp. 3d 253 (Consedine v. Willimansett East SNF) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consedine v. Willimansett East SNF, 213 F. Supp. 3d 253, 33 Am. Disabilities Cas. (BNA) 31, 2016 U.S. Dist. LEXIS 137002, 2016 WL 6774242 (D. Mass. 2016).

Opinion

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

(Dkt. No. 42)

MASTROIANNI, UNITED STATES DISTRICT JUDGE.

I. Introduction

Glorena B. Consedine (“Plaintiff’) brings this employment discrimination ac[256]*256tion against Willimansett East SNF (“Willimansett East” or “Defendant”), her former employer. Plaintiff asserts claims for disability discrimination (Counts I and VI), failure to accommodate (Counts II and VII), and retaliation (Counts III and VIII) in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and Mass. Gen. Laws ch. 151B, as well as interference (Count IV) and retaliation (Count V) in violation of the Family Medical Leave Act, 29 U.S.C. § 2611 et seq. (“FMLA”). Presently before the court is Defendant’s motion for summary judgment as to all counts. For the reasons which follow, the court will deny Defendant’s motion.

II. Background

The following facts, which are construed in a light most favorable to Plaintiff, are not disputed, except as otherwise noted. Willimansett East is a long term care facility located in Chicopee, Massachusetts. (Dkt. No. 44, Def.’s Statement of Material Facts (“Def.’s SOF”) ¶ 1.) On April 4, 2011, Plaintiff was hired as the Admissions Director at Willimansett Center West (“Willimansett West”), the sister facility of Willimansett East. (Id. ¶ 2.)1 On May 20, 2011, Plaintiff was transferred to Willi-mansett East into the position of Admissions and Business Development Director. (Id. ¶ 3.) This position required her to conduct at least two or three, and up to ten, tours of the facility per week. (Id. ¶ 7.)2 The tours generally lasted between thirty and forty-five minutes each, but they could also take longer than an hour. (Id. ¶ 7.)

On May 19, 2012, Plaintiff fell off a ladder outside of work and sustained a tibia fibula plateau fracture of her right leg. (Def.’s SOF ¶ 11.) Her injury required surgery, which entailed the insertion of a bone graft and hardware, to repair the bones and her right knee joint. (Id. ¶ 13; Pl.’s SOF ¶ 70.) On May 21, 2012, Plaintiff reported her injury and anticipated extended absence to the Administrator of Willimansett West, and later she explained her situation to James Lomastro, the Administrator of Willimansett East. (Def.’s SOF ¶ 14.) Her surgery occurred on May 25, 2012. (Id. ¶ 15.) Plaintiffs physician, Dr. Bennett Burns, explained that the surgery disrupted the daily life activities of standing, bathing, and driving, among others. (Pl.’s SOF ¶ 70.) On June 7, 2012, Plaintiff requested leave under the FMLA from May 21, 2012 through August 21, 2012 to recuperate from the surgery. (Def.’s SOF ¶ 16.) Defendant granted Plaintiffs request on June 11, 2012, and Plaintiff received the full twelve weeks of leave to which she was entitled under the FMLA. (Id. ¶¶ 17, 29.)

On August 9, 2012, during a post-operation appointment, Dr. Burns released Plaintiff to return to work with certain restrictions contained in a work modifica[257]*257tion note. (Pl.’s SOF ¶ 74; Dkt. No. 45, Ex. N.) The restrictions, which Dr. Burns noted should remain in effect for four weeks or until Plaintiff was seen again, included walking with a crutch or cane, limited distance and duration of walking, not lifting over ten pounds, and sedentary work. (Id. ¶ 75; Dkt. No. 45, Ex. N.) Dr. Burns also noted that Plaintiff “[s]hould start with part time work” for the first two to four weeks. (Id.) At the bottom of the note, Dr. Burns wrote: “If these restrictions cannot be accommodated, then patient is on ‘no duty’ status for the same time period.” (Dkt. No. 45, Ex. N.) In a separate note, Dr. Burns stated Plaintiff “usually has to do a fair amount of running to get data and paperwork” at her job, but “[i]f they accommodate by bringing paperwork to her, I think it would be reasonable for her to go back to work in a sedentary fashion at any time.” (Dkt. No. 45, Ex. I.)3

After Plaintiff tried calling Lomastro and left a copy of the work modification note on his desk, Lomastro contacted Plaintiff on August 17, 2012. (Pl.’s SOF ¶¶ 76-77.) Plaintiff asserts Lomastro told her she could only return to work when she was “100 percent” and did not have any restrictions or require any accommodations. (Pl.’s SOF ¶ 77.)4 On August 20, 2012, Plaintiff sent Lomastro an email asking for a copy of the “Corporate Policy” he had mentioned which prohibits part-time work. (Dkt. No. 45, Ex. O.) Plaintiff also asked if there was “any way Corporate can permit a variation of this policy per ADA employee ‘reasonable accommodation’ clauses(s),” “[s]o I can get back to work on 8/27/12, at least part time.” (Id.)5 Plaintiff further stated she could “get around in my wheel chair.” (Id.)

On August 23, 2012, Lomastro sent Plaintiff a letter stating that her medical leave had expired on August 21, 2013, and “[rjeturn to work is predicated on a fitness for duty certificate without restriction and full time.” (Dkt. No. 45, Ex. P.) Lomastro further stated he had not heard “the date that you will return to work full time” and Plaintiff was “welcome to apply for any future openings that occur.” (Id.) He requested Plaintiff contact him regarding her intentions by August 29, 2012 and stated “[failure to return will result in a voluntary resignation.” (Id.) On August 29, 2012, Plaintiff and Lomastro met to discuss Plaintiff’s return to work. (Pl.’s SOF ¶ 81.) Lomastro told Plaintiff she could not return until she had “no restrictions” and was “100 percent” in accordance with “corporate policy.” (Id.; Dkt. No. 45, Ex. C at 75, Ex. A at 85.)

On August 30, 2012, Plaintiff filed a Charge of Discrimination with the Massa[258]*258chusetts Commission Against Discrimination (“MCAD”) alleging Defendant had discriminated against her based upon her disability and failed to provide her with reasonable accommodations. (Pl.’s SOF ¶ 82.)6 That same day, Lomastro sent Plaintiff an email informing her that she would be placed on a personal medical leave of absence (“PMLA”) effective August 29, 2012 through September 10, 2012. (Id. ¶ 83; Dkt. No. 45, Ex. Q.) Lomastro further stated:

If you are not released to full duty at that time, a decision will be made to terminate the leave. On PMLA, your job is not guaranteed, when you come off the leave. If no one is hired and you are released to full duty, you will be placed back into a job. If a replacement has been hired prior to your returning to work, we will make every effort to find a position for you. If there is not one available, your employment will be terminated. Please know we will make every attempt to find you a position.

(Dkt. No. 45, Ex. Q.)

On September 10, 2012, Plaintiff was reevaluated by Dr. Burns and received clearance to work full-time with restrictions. (Pl.’s SOF ¶ 85; Dkt. No. 45, Ex. S.) The restrictions included: “no lifting greater than 30 lbs,” “limit pulling/pushing to 50 lbs,” “may limit duration of walking (15 min at a time with breaks in between),” “may use cane,” and “starting driving.” (Dkt. No. 45, Ex.

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Bluebook (online)
213 F. Supp. 3d 253, 33 Am. Disabilities Cas. (BNA) 31, 2016 U.S. Dist. LEXIS 137002, 2016 WL 6774242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consedine-v-willimansett-east-snf-mad-2016.