Daniel P. Kiely v. Heartland Rehabilitation Services, Inc., and Health Care and Retirement Corporation, D/B/A Georgian Bloomfield

359 F.3d 386, 15 Am. Disabilities Cas. (BNA) 417, 63 Fed. R. Serv. 978, 2004 U.S. App. LEXIS 3625, 2004 WL 354197
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 26, 2004
Docket02-2054
StatusPublished
Cited by7 cases

This text of 359 F.3d 386 (Daniel P. Kiely v. Heartland Rehabilitation Services, Inc., and Health Care and Retirement Corporation, D/B/A Georgian Bloomfield) 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
Daniel P. Kiely v. Heartland Rehabilitation Services, Inc., and Health Care and Retirement Corporation, D/B/A Georgian Bloomfield, 359 F.3d 386, 15 Am. Disabilities Cas. (BNA) 417, 63 Fed. R. Serv. 978, 2004 U.S. App. LEXIS 3625, 2004 WL 354197 (6th Cir. 2004).

Opinions

GILMAN, Circuit Judge, concurring in part and dissenting in part.

OPINION

DAVID A. NELSON, Circuit Judge.

This is a disability discrimination case brought under Michigan law. The question we are asked to decide is whether, notwithstanding the plaintiffs attempt to reconcile what looked like inconsistent positions, the fact that the plaintiff had signed a social security disability application in which he swore that he was “disabled” and “unable to work” precluded him as a matter of law from showing that he was capable of performing the essential functions of his job.

We conclude that the statements made by the plaintiff in his application for social security disability benefits were not necessarily inconsistent with the claim that he could do his job. We further conchide that the'plaintiff proffered an adequate'explanation of the seeming inconsistency. The district court having entered summary judgment for the defendant on an estoppel theory with which we find ourselves unable to agree, under the circumstances presented here, we shall vacate the judgment -and remand the case for further proceedings.

I

The plaintiff, Daniel Kiely, suffers from severely impaired vision caused by a degenerative eye disease. The Social Security Administration determined in the late 1970s that Mr. Kiely was legally blind, and he was awarded social security disability insurance (“SSDI”) benefits on the strength of that determination. Mr. Kiely received SSDI benefits while attending college and, to the extent permitted by law, while working thereafter.

In April of 1995 Mr: Kiely was hired by defendant Heartland Rehabilitation Services, Inc., as a physical therapy assistant. In that capacity he worked with patients in [388]*388a gymnasium and in the patients’ rooms, helped patients to perambulate with walkers and other assistive devices, and transported patients in wheelchairs.

Mr. Kiely’s performance was evaluated in July of 1995 and in April of 1996, 1997, and 1998. He received overall ratings ranging from “average” (1995 and 1998) to “definitely above average” (1997). None of his evaluations suggested that Mr. Kiely’s visual impairment prevented him from performing his duties safely and effectively-

In July of 1998 a co-worker expressed concern that Mr. Kiely’s poor vision created a “potentially hazardous situation.” In a memorandum to Kiely’s superiors, the co-worker said that Kiely had bumped into people and inanimate objects, had failed to notice that beds were occupied, had not seen that a patient was wearing a gait belt, and had been oblivious to individuals handing him papers.

On July 10, 1998, Heartland terminated Mr. Kiely’s employment. Heartland’s human resources manager explained in a letter dated July 29, 1998, that the termination was prompted by “increasing concerns” about the safety of Kiely and his patients. In addition to mentioning the incidents described in the co-worker’s memorandum, the letter alluded to an episode in which a wheelchair that Mr. Kiely was pushing became stuck at an elevator door. The letter also recounted efforts Heartland had made to accommodate Kiely’s impairment, including a rearrangement of gym equipment and a reduction in Kiely’s bedside assignments. (The latter accommodation had been made at Mr. Kiely’s request.)

After receiving unemployment compensation for about a year, Mr. Kiely applied for SSDI benefits. His application stated that he “became unable to work because of [his] disabling condition on July 7, 1998,” and said that he was “still disabled.” Mr. Kiely. began to receive SSDI benefits (some of which were for the latter part of 1998) in 1999.

With the filing of a complaint in a Michigan state court on May 17, 2001, Mr. Kiely commenced an action against Heartland for disability discrimination under both the Michigan Persons with Disabilities Civil Rights Act and Title VII of the U.S. Civil Rights Act of 1964. Heartland removed the case to federal district court.

Following discovery, Heartland moved for summary judgment. The company maintained that Mr. Kiely could not establish a prima facie case of discrimination under either Michigan law or Title VII. In the portion of its argument that is relevant here, Heartland submitted that by stating in his SSDI application that he was “disabled,” Mr. Kiely had estopped himself from contending that he was capable of performing the essential functions of his job. In response to this argument, Mr. Kiely pointed out that because his blindness was a “listed” condition under the Social Security Act, it entitled him to SSDI benefits regardless of his actual ability to do his job.

The district court, as we have seen, granted Heartland’s motion for summary judgment. In so doing, the court held first that Title VII does not prohibit discrimination on the basis of disability. As to Mr. Kiely’s state-law claim, the court held that Kiely had not adequately explained the apparent conflict between the representations in his SSDI application and his present claim. Mr. Kiely moved for reconsideration and, when that motion was denied, filed this timely appeal.

II

Mr. Kiely has not appealed the summary judgment on his Title VII claim. [389]*389The sole issue before us, therefore, is whether the statements in Kiely’s SSDI application barred recovery on his Michigan disability discrimination claim as a matter of law. Our standard of review is de novo. See, e.g., Fox v. Van Oosterum, 176 F.3d 342, 347 (6th Cir.1999).

To prevail on an employment discrimination claim under the Michigan Persons with Disabilities Civil Rights Act, Mich. Comp. Laws §§ 37.1101 et seq., a “plaintiff must show (1) that he is [disabled] as defined in the act, (2) that the [disability] is unrelated to his ability to perform his job duties, and (3) that he has been discriminated against in one of the ways delineated in the statute.” Chmielewski v. Xermac, Inc., 457 Mich. 593, 580 N.W.2d 817, 821 (1998). Mr. Kiely cannot prevail on his state-law claim, accordingly, if his blindness rendered him unable to perform the duties of a physical therapy assistant.

Under Michigan law, declarations of disability in an SSDI application do not necessarily bar a plaintiff from proving a claim of disability discrimination. See, e.g., Tranker v. Figgie International, Inc., 231 Mich.App. 115, 585 N.W.2d 337, 339-40 (1998), appeal denied, 461 Mich. 908, 603 N.W.2d 785 (1999). The Michigan courts recognize that the word “disabled,” when used in the social security context, does not necessarily connote a literal inability to work. For one thing, the Social Security Act’s definition of “disability” does not take into account the possibility of accommodation—thus, “a plaintiff could be disabled under the SSA and still be qualified to perform the duties of his job ... with reasonable accommodation.” Id. at 339-40. For another thing, the social security regulations call for the awarding of SSDI benefits to any applicant who is not working and who has a “listed” impairment (see 20 C.F.R. pt. 404, subpt. P, app.l), regardless of whether the applicant is actually able to work. See Cleveland v. Policy Management Systems Corp., 526 U.S. 795, 804, 119 S.Ct.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
359 F.3d 386, 15 Am. Disabilities Cas. (BNA) 417, 63 Fed. R. Serv. 978, 2004 U.S. App. LEXIS 3625, 2004 WL 354197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-p-kiely-v-heartland-rehabilitation-services-inc-and-health-care-ca6-2004.