 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Adamson v. Pondera County2/10/2004
Submitted on Briefs: July 2, 2002
Paul Adamson (Adamson) appeals the judgment entered by the First Judicial District Court, Lewis and Clark County, denying Adamson's petition for judicial review of the decision entered by the Montana Human Rights Commission (the MHRC).
We address the following issue on appeal and affirm: Did the District Court err in affirming the MHRC's decision that Adamson was not disabled within the meaning of that term in the Montana Human Rights Act?
FACTUAL AND PROCEDURAL BACKGROUND
The following facts were adopted by the Hearing Examiner as undisputed and, subsequently, have not been contested. Adamson concedes that he does not challenge the facts underlying the present appeal.
Adamson was employed by the Pondera County Road Department from November 21, 1977, to May 25, 1996. During that time, Adamson held the position of County Equipment Operator/Laborer and performed the duties of his position without incident.
In December 1993, Adamson injured his left shoulder when he slipped while stepping from his camper. This accident did not occur while Adamson was working nor while he was on duty. Adamson sought medical treatment for this injury in February 1994.
Around April or May 1994, Adamson injured his right shoulder while performing prescribed physical therapy exercises for his left shoulder. Again, this injury did not occur while Adamson was working nor while he was on duty. Adamson again sought medical treatment for this injury, and received medical treatment from Michael E. Luckett, M.D. (Dr. Luckett).
Dr. Luckett noted that Adamson was suffering from bilateral rotator cuff tears. On June 2, 1994, Adamson underwent surgery on his right shoulder to repair the torn rotator cuff, and the surgery was successfully completed.
On August 12, 1994, Dr. Luckett told Adamson that he could return to work; however, he placed a 20-pound lifting restriction on Adamson. On August 16, 1994, Adamson requested of the Pondera County Commissioners' Office that he be returned to his position. After meeting with the Road Supervisor, the commissioners denied Adamson's request to be returned to work, as they believed Adamson would have difficulty using certain equipment and could endanger himself or others. Their denial was evidenced and further explained by a letter from the Pondera County Commissioners' Office, dated August 17, 1994.
After receiving the letter, Adamson requested from Dr. Luckett a more specific medical release, which Dr. Luckett twice provided. In these releases, Dr. Luckett indicated that Adamson's lifting restriction was for no more than 20 pounds on his right upper extremity and would continue for a period of approximately six months. The commissioners still refused to return Adamson to his position or to modify his position in any manner.
Adamson subsequently returned to work without any restrictions on Friday, January 13, 1995. Adamson provided the commissioners with his full work release on January 18, 1995.
On April 13, 1995, Adamson underwent surgery on his left shoulder to repair the torn rotator cuff, and the surgery was successfully completed.
On May 12, 1995, Dr. Luckett released Adamson to modified duty, restricting Adamson to lifting not more than 25 pounds and not more than 15 pounds above his shoulder. Adamson notified the Pondera County Commissioners of these restrictions and requested that he be returned to his position. The commissioners refused to do so.
On October 13, 1995, Dr. Luckett provided Adamson a full work release, and the commissioners returned
Page 1 2 3 4 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|