Rodriguez v. Weis

946 N.E.2d 501, 408 Ill. App. 3d 663, 349 Ill. Dec. 307, 2011 Ill. App. LEXIS 300, 2011 WL 1227822
CourtAppellate Court of Illinois
DecidedMarch 31, 2011
Docket1-09-1272
StatusPublished
Cited by9 cases

This text of 946 N.E.2d 501 (Rodriguez v. Weis) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Weis, 946 N.E.2d 501, 408 Ill. App. 3d 663, 349 Ill. Dec. 307, 2011 Ill. App. LEXIS 300, 2011 WL 1227822 (Ill. Ct. App. 2011).

Opinion

PRESIDING JUSTICE HALL

delivered the judgment of the court, with opinion.

Justices Hoffman and Rochford concurred in the judgment and opinion.

OPINION

Plaintiff Marisol Rodriguez appeals from a circuit court order affirming a decision of the Police Board of the City of Chicago (Board) discharging her from her position as a Chicago police officer. The Board determined that plaintiff altered certain documents (return-to-work status reports) and submitted them to the Chicago police department’s medical services section (hereinafter, Medical Services), falsely representing that a physician had recommended that her work duties be limited due to injury.

The Board concluded that plaintiffs conduct violated the following rules of article V of the rules and regulations of the Chicago police department (Department): Rule 2, which prohibits “[a]ny action or conduct which impedes the Department’s efforts to achieve its policy and goals or brings discredit upon the Department,” and Rule 14, which prohibits “making a false report, written or oral.”

Plaintiff sought administrative review of the Board’s decision in the circuit court. The circuit court affirmed the Board’s decision. Plaintiff appeals. We affirm.

BACKGROUND

On May 14, 2008, the superintendent of police filed charges with the Board against plaintiff, recommending that she be discharged from her position as a Chicago police officer for violating Department Rules 2 and 14. The Board conducted a two-day hearing on the matter at which the following evidence was presented.

Plaintiff worked routine patrol duty at the 20th District. In June 2006, she was reassigned to a light-duty desk job due to alleged problems with her right hand. Plaintiff maintained she was left-handed, but that she used her right hand to fire her service weapon.

Dr. David Garelick, an orthopedic surgeon at the Illinois Bone and Joint Institute’s Desilva Center, first examined plaintiff on July 14, 2006. Plaintiff complained of numbness and tingling in her right hand. She claimed that her symptoms were aggravated when she typed.

Plaintiff was initially diagnosed as suffering from possible carped tunnel syndrome. However, after failing to identify a specific cause of plaintiff s symptoms, the doctor scheduled plaintiff to undergo an electromyogram (EMG)/nerve conduction test. The doctor also completed a return-to-work status report, stating that plaintiff could return to work, but with limited repetitive movement of her right hand, no strenuous activity with her right hand, and no typing. Plaintiff was given an appointment to return on July 28, 2006.

On July 28, 2006, Dr. Garelick examined plaintiff and discussed the results of her EMG test. The test results were normal. Again, the doctor was unable to identify a specific cause of plaintiffs symptoms. He determined that there was nothing further he could do for plaintiff within his specialty of orthopedics. He discharged plaintiff from his care and referred her to a neurologist.

Dr. Garelick testified that plaintiff requested a doctor’s note recommending that she be placed on light duty for six months. The doctor responded that he was uncomfortable making such a recommendation in light of his inability to identify a cause of plaintiff’s symptoms. Instead, he agreed to extend her light duty a week or two, to give her time see the neurologist. The doctor also completed another return-to-work status report, stating that plaintiff could return to work, but that she should be limited to mostly left-handed work.

During his testimony, Dr. Garelick was shown the return-to-work status reports from plaintiff’s file at Medical Services. The doctor noted that the reports contained alterations and extra notations not found on the copies of the reports retained in his office files.

Dr. Garelick observed that on his copy of the return-to-work status report for July 14, 2006, he had only recommended that plaintiffs duties include “no typing,” but that the copy of the report from the Medical Services file had been altered to include the word “writing” after “no typing.” The doctor further noted that on his copy of the return-to-work status report for July 28, 2006, the line adjacent to “Next Appointment” had been left blank, but that the copy of the report from the Medical Services file had been altered to list the “Next Appointment” as “8/16/06.” The report had also been altered to recommend that plaintiffs light duties be extended for “11-12” weeks, instead of the “1-2” weeks the doctor had written.

In addition, the doctor noted that on his copy of the return-to-work status report for July 28, 2006, he had not written anything on the line next to “Other (specify),” and he had not put a check mark on the line next to “Limited pushing/pulling.” However, the copy of the report taken from the Medical Services file showed that someone had altered the report by putting a check mark on the line next to “Limited pushing/pulling,” and by inserting the phrase “no writing, no typing” on the line next to “Other (specify).”

Dr. Garelick testified that he did not alter the return-to-work status reports and he did not authorize anyone else to alter them. The doctor testified that if he had made such alterations, a new form would have been used and a carbon copy retained in plaintiffs office file. He testified that the practice in his office is to prepare duplicate return-to-work status reports, where the original is given to the patient to take back to the employer and the carbon copy is retained in the patient’s office file.

In October 2006, Officer Erica Jenkins, a registered nurse and case manager at Medical Services, informed plaintiff that she needed to submit an updated return-to-work status report because her light-duty assignment would soon expire. Plaintiff contacted Dr. Garelick’s office for an appointment, but was told no appointment was available. Plaintiff testified that she then told someone in the doctor’s office that if she could not get an appointment, she at least needed the doctor to submit a report with recommended work restrictions. Plaintiff was informed that the recommendation would be for her to return to full duty.

Officer Jenkins testified that shortly after October 18, 2006, plaintiff returned to active duty status, based on a report from Dr. Garelick stating that plaintiff was cleared to return to work with no restrictions. On October 25, 2006, plaintiff submitted a note from Dr. Byung-Ho Yu of the First Korean Multispecialty Clinic, requesting that she be placed on light duty for asthma. Plaintiff testified that she had previously submitted similar notes from Dr. Yu in August 2006, and later in November 2006.

Officer Mary L. Zia, a clerk in Medical Services, testified that in November 2006, plaintiff was ordered to have her asthma diagnosis confirmed by an independent medical pulmonologist approved by the City. Officer Zia testified that she was reviewing plaintiff’s file in order to compile a list of pulmonologists plaintiff could choose from, when she noticed that a return-to-work status report from Dr. Garelick had extended plaintiff’s light duty for 11 to 12 weeks.

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Bluebook (online)
946 N.E.2d 501, 408 Ill. App. 3d 663, 349 Ill. Dec. 307, 2011 Ill. App. LEXIS 300, 2011 WL 1227822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-weis-illappct-2011.