Maryanne Grande v. Saint Clare’s Health System (076606) (Morris County and Statewide)

164 A.3d 1030, 230 N.J. 1, 33 Am. Disabilities Cas. (BNA) 934, 2017 WL 2963024, 2017 N.J. LEXIS 746
CourtSupreme Court of New Jersey
DecidedJuly 12, 2017
DocketA-67-15
StatusPublished
Cited by161 cases

This text of 164 A.3d 1030 (Maryanne Grande v. Saint Clare’s Health System (076606) (Morris County and Statewide)) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maryanne Grande v. Saint Clare’s Health System (076606) (Morris County and Statewide), 164 A.3d 1030, 230 N.J. 1, 33 Am. Disabilities Cas. (BNA) 934, 2017 WL 2963024, 2017 N.J. LEXIS 746 (N.J. 2017).

Opinions

JUSTICE SOLOMON

delivered the opinion of the Court.

We are called upon to determine whether in this action brought under New Jersey’s Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, the Appellate Division correctly reversed the trial court’s grant of summary judgment in favor of defendant Saint Clare’s Health System and against plaintiff Maryanne Grande, R.N. Because we conclude that, on the record before the trial court, issues of material fact exist, we affirm and modify the judgment of the Appellate Division and remand the matter to the trial court for further proceedings.

I.

A.

We glean the following facts from the record considered by the trial court, including Grande’s deposition, certifications by Saint Clare’s and its agents, various exhibits contained within each party’s summary judgment motion, and associated statements of material facts.

Grande has been a practicing registered nurse (R.N.) since 1985. She was employed by Saint Clare’s from approximately 2000 through July 2010. Beginning in about 2006, Grande worked in a hospital unit in which approximately half of the patients were stroke victims who required additional assistance with their daily living needs. Grande’s regular duties involved maintaining charts, administering medication, and general patient care, including assisting patients with daily living activities such as washing, bathing, dressing, walking, repositioning patients in bed, and guarding [8]*8ambulant patients against falls. Thirty to forty percent of the patients in Grande’s unit wore armbands and had signage placed outside their hospital rooms to alert staff that they were at an increased risk of falling.

In August 2008, the hospital performed job system analyses for various nursing positions. The job analysis for R.N.s (Job Analysis) indicated the frequency with which job duties were to be performed and identified certain tasks as essential to the R.N. position regardless of how frequent their performance. The Job Analysis categorized occasional tasks as those performed “1-33% of the day” and frequent tasks as those performed “34-66% of the day.” Essential tasks were described as the “[ejssential function[s] of [the] job.” One essential duty of an R.N. is to lift fifty pounds from waist to chest “frequently.” According to the certification of Heather Jordan, Saint Clare’s human resources supervisor, the weightlifting requirements within the Job Analysis are identical for all R.N.-staffed units in the hospital.1

Beginning in 2007, prior to the Job Analysis, Grande suffered a series of work-related injuries. The first occurred in March 2007, when she injured her left shoulder while repositioning a patient in bed. Grande was unable to continue working that day, immediately saw a doctor, and reported the incident to Saint Clare’s. She had surgery on her shoulder in April, followed by physical therapy. Grande spent about three months recovering at home before returning to work on a full-time but “light duty” basis, which included chart administration, compliance review, and similar administrative tasks. Less than a month later, Grande returned to full duty, including patient care.

[9]*9The second injury occurred in May 2008, when Grande felt pain in her right shoulder while repositioning a patient in bed. Grande reported the incident immediately to Saint Clare’s and saw a doctor, who performed a magnetic resonance imaging (MRI). The test found no injury, and Grande returned to full duty within two weeks. The record is unclear as to whether Grande’s work was restricted following the May 2008 injury.

In November 2008, Grande re-injured her left shoulder while lifting the legs of a 800-pound patient. As before, Grande immediately saw a doctor and reported the incident to her employer. Grande was unable to return immediately to work, underwent a second surgery on her left shoulder, and returned to full duty about six months after the incident.

Grande sustained her final injury in February 2010 when she was alone in a room caring for an overweight patient who was moving from a stretcher to a bed. While Grande stood on the far side of the bed, the patient began to fall. Grande leapt onto the bed, grabbed the patient’s shoulders from behind, and pulled the patient onto the bed and on top of herself. After doing so, Grande felt a sharp pain and believed she had re-injured her left shoulder, but an MRI revealed that she had injured her cervical spine. Grande underwent surgery and spent four months recovering and rehabilitating before returning to work. On her first day back, however, she left the hospital after just four hours because of residual pain. Two weeks later, Grande returned to full-time, light-duty work.

In early July 2010, Grande’s doctor cleared her to resume full-duty work. The hospital informed Grande that, before returning to full duty, she would have to undergo physical testing. Lori Briglio, the nurse case manager overseeing Grande’s workers’ compensation claim, instructed Grande to report to Kinematic Consultants, Inc. (KCI) for a functional capacity evaluation (FCE).

Grande complied and underwent the examination, which tested her ability to perform a variety of physical tasks, including turning her head, demonstrating mobility in her limbs, lifting objects from [10]*10different heights, turning in different directions, pushing and pulling, and carrying weights. The report documenting the evaluation (KCI Report) provided results in several categories and compared Grande’s ability with her employer’s requirements and with the standards set forth in the Dictionary of Occupational Titles (D.O.T.).2 The Report specified that Grande’s job demanded that she perform tasks involving pushing, pulling, and lifting from waist to chest frequently (34-66% of the time), but that she was able to perform these functions only occasionally (1-33% of the time). Accordingly, the Report recommended maximum loads for Grande to bear, including that Grande frequently lift no more than sixteen pounds from waist to chest.

The KCI Report also provided several conclusions about Grande’s performance throughout the evaluation and her work abilities. The Report acknowledged that Grande had “demonstrated maximum effort” throughout the evaluation and confirmed that the documented results “are considered to be valid.” The Report noted that Grande’s results “may be compatible with mild residual functional issues, as per complaints and/or diagnosis,” but concluded that “[i]t is improbable that this will significantly affect job performance ability.”

The Report also explained that Grande qualified to return to work on “altered duty” based on the Report’s recommendations. Due to Grande’s previous cervical surgery, the Report recommended that Grande be “allowed changes in activities during periods of prolonged or repetitive” neck movements. The Report also recommended that Grande “seek appropriate assistance with [11]*11heavier physical activities such as patient transfers, guarding ambulatory patients or handling loads” greater than fifty pounds.

Overall, the KCI Report concluded that Grande

demonstrate[d] ability for Medium category work (occasional lift and work up to 50 lbs.) with the above noted job movement demand changes.

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Bluebook (online)
164 A.3d 1030, 230 N.J. 1, 33 Am. Disabilities Cas. (BNA) 934, 2017 WL 2963024, 2017 N.J. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryanne-grande-v-saint-clareatms-health-system-076606-morris-county-nj-2017.