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Injured California correctional officer discovers limits of accommodation

October 2024 employment law letter
Authors: 

Mark Schickman, Schickman Law

To what limits must an employer go to offer an accommodation to a disabled employee? In the case below, the employer offered a great deal, but was it enough to avoid further liability?

Could the correctional officer perform her job duties?

Maria Miller has been employed as a correctional officer with the California Department of Corrections and Rehabilitation (CDCR) at the California Institute for Women (CIW) since 2008. In 2016, she was injured as the result of a slip-and-fall incident while working off-site in a temporary assignment assisting with officer recruitment. She didn’t return to work while receiving treatment for her injuries, received wage replacement benefits through June 2018 while on leave receiving treatment, and was placed on an unpaid leave of absence in July 2018.

In August 2018, Miller’s physician determined she had reached maximum medical improvement and would be subject to permanent work restrictions as a result. The restrictions precluded lifting, pushing, or pulling items over 30 pounds in weight and repetitive bending, twisting, or stooping. A CDCR correctional officer’s essential functions require the physical ability to run, climb, lift and carry, stoop, crawl and crouch, push and pull, brace, and twist. Miller claimed to be disabled as the result of both her physical injuries and the impact that her physical injuries have subsequently had on her mental health.

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