William Sharp v. James Profitt

674 F. App'x 440
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 28, 2016
Docket14-3959
StatusUnpublished
Cited by20 cases

This text of 674 F. App'x 440 (William Sharp v. James Profitt) 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
William Sharp v. James Profitt, 674 F. App'x 440 (6th Cir. 2016).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Waste Management of Ohio, Inc. asks its employees to follow a simple policy: if there is an incident on the job, report it immediately by obtaining and completing a single-page form describing the details. If an employee ignores this policy, Waste Management warns that it can terminate him. William Sharp says that he suffered a back injury while working on his trash-collection route for Waste Management. Rather than report the alleged injury in accordance with company policy, he filed nothing with Waste Management. When Waste Management heard about Sharp’s related workers’ compensation claim six months later, it asked him to fill out the required one-page report. But he refused—twice.

Waste Management terminated Sharp. He then sued Waste Management and two of its managers, James Profitt and Barry Saunders. He claims, in part, that his termination was retaliation for exercising his workplace rights under state and federal law, including the Americans with Disabilities Act and the Family and Medical Leave Act. The district court granted summary judgment for Waste Management. We AFFIRM.

I

William Sharp worked at Waste Management, a waste removal services company in Montgomery County, Ohio, from 2007 to 2012 as a residential-route truck driver. Drivers like Sharp follow a daily route to pick up curbside residential trash. The position is physically demanding and dangerous. Drivers operate a 40-ton truck and haul heavy loads off the curb. Due to the risks presented both to employees and the public, Waste Management publishes safety rules in its Employee Handbook and holds regular training sessions to discuss safety problems as they arise.

One safety rule in the Handbook requires employees “to report all work-related injuries, accidents, near misses, and any health or safety hazards ... immediately to [their] supervisor.” R. 42-1, Handbook, Page 120. To comply with the rule, employees must obtain and complete an incident report form. The report itself is a one-page document. Besides asking for the date, time and location of the incident, the report also asks the employee to describe whatever problem he encountered. This information allows Waste Management to investigate incidents to determine how they might be avoided in the future and how the company should respond to any possible workers’ compensation claims.

If an employee does not report an injury, the Handbook provides consequences: the “[fjailure to [report] will result in corrective action up to and including termination.” Id. The Handbook also lists the “progressive corrective action steps” that management will generally take when workers violate safety rules. Id. at 121. According to Profitt, a Waste Management manager, an injury that would serve as the predicate for a workers’ compensation claim is the kind “that should be reported.” R. 33, Profitt Dep., PID 406.

[442]*442Sharp became familiar with this incident-report process; injuries plagued him during his time at Waste Management. In 2010, Sharp developed work-related tendonitis in his elbow. Pursuant to the policy, Sharp completed an incident report. After this injury, he says that Joe Krieger, a former Waste Management manager, told him that he would be fired if he filed for workers’ compensation. Sharp’s wife, Pam, claims to have witnessed this conversation. Although Krieger no longer works for Waste Management, he denies ever saying this. Sharp says that, despite his injury, Krieger’s comments made him just try to “block out Workers’ Comp., period.” R. 42, Sharp Dep., Page 87.

In January 2012, Sharp again suffered a work-related injury. This time, he says that his “raincoat got caught on the joy stick,” and he fell from his truck and twisted his leg. Id. at 99. Once more, he completed an incident form as required by the policy, and he gave it to his new manager, Barry Saunders. He says that his earlier conversation with Krieger, however, still deterred him from filing for workers’ compensation. Krieger no longer worked for Waste Management at this point—it fired him for failing to report a subordinate’s workplace injury. Saunders, it turns out, had informed management that Krieger shirked his reporting duty.

The incident at issue in this case allegedly happened on March 27, 2012. On that day, Saunders was out of the office, leaving Ken Lane as the supervisor in charge. Sharp claims that while, out on his route he encountered two large tree stumps that a customer had left curbside for pick up. He called Lane over the radio to ask what to do, and Lane responded “they ha[ve] to go, nothing is staying behind.” Id. at 108. After lifting the first stump, Sharp says, he felt an “explosion of pain” in his back. Id. at 103. He still lifted the second stump, however, and continued to work for about six hours.

At no point after this alleged injury did Sharp ever file the required incident report.1 Sharp says that when he returned to the office on the day of the accident, Lane had already left. He claims that he did approach Lane the next morning about the injury, but Lane brushed him off. When Saunders returned two days later, on March 29, Sharp claims that he told him about the injury, but Saunders “didn’t want to have [anyjthing to do with it.” Id. at 214. In any event, Sharp continued to work for three weeks, until April 18, when he went to the emergency room for back pain.

At this point, Waste Management approved Sharp’s fourth FMLA leave in five-year employment, but it was still unaware that his back problems were supposedly work-related. Sharp had surgery in May 2012, but he states that he remained unsure what to do about workers’ compensation. His wife claims to have tried calling Saunders and other high-level employees at Waste Management several times from April through July to discuss the matter.

Sharp returned to work on August 6, 2012, with restrictions from his doctor. No one made negative comments to him about his leave and Waste Management accommodated his return. Sharp followed a “work hardening program” under which he was given time to gradually return to his normal responsibilities. Waste Management honored his restrictions, and Sharp returned to driving his route while another employee loaded the waste.

[443]*443On August 15, 2012, despite his alleged reservations, Sharp filed for workers’ compensation based on the March back injury. Waste Management’s corporate office learned about the claim on October 17. A few days later, on October 22, Waste Management realized that it did not have an incident report on file documenting Sharp’s injury. Gretchen Busch, a regional Human Resources Manager, asked Saunders to address the missing report with Sharp. This led to several meetings between Waste Management officials and Sharp.

On the morning of October 23, Saunders ■met with Sharp in his office. Sharp says he acknowledged having filed for the workers’ compensation and stated that although his March injury was work-related, he had been afraid to inform Waste Management. Saunders sent Sharp on his route and then spoke to Profitt about how to handle an incident report for something that happened over six months ago. Later that day, Sharp spoke over the radio with Saunders, Profitt, and Busch. During the call, Sharp alleges that Saunders ordered him to pull over because he was “not fit to be behind the wheel of a truck.” Id. at 126.

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674 F. App'x 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-sharp-v-james-profitt-ca6-2016.