Miranda-Fernandez v. Grupo Medico San Pablo

914 F. Supp. 2d 206, 2012 WL 6567602, 2012 U.S. Dist. LEXIS 178870
CourtDistrict Court, D. Puerto Rico
DecidedDecember 17, 2012
DocketCivil No. 09-1966 (CVR)
StatusPublished

This text of 914 F. Supp. 2d 206 (Miranda-Fernandez v. Grupo Medico San Pablo) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miranda-Fernandez v. Grupo Medico San Pablo, 914 F. Supp. 2d 206, 2012 WL 6567602, 2012 U.S. Dist. LEXIS 178870 (prd 2012).

Opinion

OPINION AND ORDER

CAMILLE L. VELEZ-RIVE, United States Magistrate Judge.

INTRODUCTION

Plaintiff Angela Miranda-Fernández (hereafter “plaintiff Miranda-Fernández”) filed a Second Amended Complaint against defendants under the American with Disabilities Act (hereafter “ADA”) and the Rehabilitation Act, as well as pendent state claims. 42 U.S.C.A. §§ 12101 et seq.; 29 U.S.C. § 701 et seq.1 (Docket No. 72). Plaintiff Miranda-Fernández claims the actions of defendants Grupo Médico San Pablo (hereafter “GMSP”) and San Pablo Physician Group, her employer, and co-defendants Dr. Ilia Zayas (hereafter “Dr. Zayas”) and Dr. Ismael Toro-Grajales (hereafter “Dr. Toro-Grajales”), as business owners of said employer and recipients of federal funds, violated federal and state employment anti-discrimination prohibitions for her disability because of a brain condition diagnosed as left parietal arteriovenous malformation, known as “AVM.”2

Plaintiff Miranda-Fernández filed a Motion for Partial Summary Judgment (Docket No. 112) in which she submits there is no controversy of facts as to defendants violating the ADA provisions for not engaging in the interactive process to determine whether they could provide reasonable accommodation. Defendants also regarded plaintiff as substantially limited in her ability to work due to her medical condition. Defendants presumed, without any evidence, that plaintiff Miranda-Fernández could not engage in multitasking jobs without posing a threat to the health and safety of the patients and said decision was based on an incorrect and illegal perception of her medical condition. Thus, defendants violated the ADA provisions and the Court should also conclude that defendants regarded plaintiff MirandaFernández as disabled.

Defendants GMSP and San Pablo Physician Group opposed plaintiff Miranda-Fernández’ partial summary judgment motion. (Docket No. 130). Defendants argue plaintiff worked as a nurse assistant assigned to the PAP Smear Clinic when on December 18, 2008 her physician Dr. Ignacio Pita (hereafter “Dr. Pita”) sent two letters to the supervisor. One of the letters certified Miranda-Fernández was diagnosed with left parietal arteriovenous malformation and took medication to avoid convulsions resulting in problems in concentration. In summary, the letter indicated that, because of her condition, plañí[209]*209tiff Miranda-Fernández needed reasonable accommodation, if possible, a four (4) day work week. The second letter indicated plaintiff Miranda-Fernández had problems with multitasking, shifting from one task to another. As reasonable accommodation it was recommended that she could perform one or two specific tasks during a shift for, if the tasks were limited, she could perform better and minimize mistakes. A parking space was also requested. Defendants submit they granted the two requests by reducing the work-week immediately to four days and providing plaintiff with a parking space. Defendants made a request to plaintiffs attending physician in regards with the duties and responsibilities of plaintiff Miranda-Fernández at the PAP Clinic to indicate if these could be performed in light of the second letter by Dr. Pita but no answer was received.

Defendants consider also that plaintiff Miranda-Fernández was taking medication to deal with sleeplessness and she had already failed to comply with one of the duties of notifying a positive PAP smear result during January of 2009. To comply with the two letters received and to further guaranty the safety of the patients at the clinic, defendants considered the position to be assigned where plaintiff could perform the most basic duties an assistant nurse performed was taking vital signs at the Adult Outpatient Clinic. As such, defendants transferred plaintiff MirandaFernández. Defendants submit there were no other positions available which could meet plaintiffs physician requirements and/or which did not require multitasking. According to defendants, by April 22, 2009, plaintiff Miranda-Fernández abandoned her position and did not return upon stating no one was assigned to help to take vitals. Four days later, she claimed for Social Security benefits and these were eventually granted because of complaints due to loss of ability to concentrate, difficulty focusing on one thing, nervousness, crying spells, bad humor, feelings of frustration and worthlessness and claims of productivity at work until 2006.

On the above grounds, defendants in turn filed a summary judgment request in which it is stated that plaintiff MirandaFernández could not establish a prima facie case of disability discrimination for they initially complied with reasonable accommodation as requested; not all accommodation could be complied as to multitasking in the previous position for all the functions were performed by only one person at the PAP Clinic; and plaintiffs condition was a direct threat to the medical safety of the patients since mistakes would only be minimized since plaintiffs stated problems with multitasking and in shifting from one task to another. Defendants further submit they provided the accommodation that was possible, not the accommodation of a particular choice, more so considering the limitations attested by plaintiff in obtaining her Social Security disability benefits. Defendants further aver plaintiff Miranda-Hernández was not subject to retaliation and/or hostile work environment. As such, above motion requests from the Court to enter summary judgment for defendants. (Docket No. 113).

Plaintiff Miranda-Fernández’ opposition to defendants’ Motion for Summary Judgment states she was diagnosed with left parietal arteriovenous malformation “AVM” during the time she worked for the employer and she was still able to meet the duties of her position as a nurse. Thus, she is a qualified individual with a medical condition who can perform the essential functions of her job. (Docket No. 127). Plaintiff considers the employers’ actions were unjust, discriminatory, arbitrary and capricious, and a retaliation for her request for reasonable accommodation. Plaintiff Miranda-Fernández claims that it [210]*210is defendants who have failed to meet the burden of showing the adverse employment actions were not discriminatory; that the accommodations requested were not reasonable; and they did not create a hostile work environment or retaliate against plaintiff. Plaintiff Miranda-Fernández addresses the failure to accommodate not only at the initial requests presented by Dr. Pita, but also in defendants not addressing her claim after she was unilaterally transferred to vital signs and that such transfer was made in retaliation for her initial request for accommodation.

The present case presents cross-motions for summary adjudication, one by plaintiff and another by defendants GMSP and San Pablo Physician Group. We entertain both requests in this Opinion and Order.

STANDARD FOR SUMMARY JUDGMENT

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.CivJP. 56(c).

Pursuant to the language of the applicable rule, as amended in 2010, the moving party bears the two-fold burden of showing that there is “no genuinely disputed” factual predicate.

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Bluebook (online)
914 F. Supp. 2d 206, 2012 WL 6567602, 2012 U.S. Dist. LEXIS 178870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miranda-fernandez-v-grupo-medico-san-pablo-prd-2012.