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Garcia v. Allen6/8/2000
nese also provided summary judgment evidence stating that Roel Garcia's restrictions would prevent him from being able to do the job of an analyzer mechanic. Garcia did not controvert this evidence, but urges that with accommodations, he can perform his job.
Even Roel Garcia's own affidavit indicates that the statements made by his supervisors regarding his medical condition were true. He stated:
In or about May 1986, I had a patellectomy (removal of kneecap) of the left knee. I began working with the company on July 15, 1991. I had not experienced any problems with my knee that prevented me from being functional in my job . I was able to perform some duties that involved climbing; however, I was unable to craw, kneel, or squat without difficulties. The group that I worked within implemented a general rule that paired two employees to an area. Any time a job called for a physical activity that I was unable to do, my partner performed the duty. This arrangement worked out very well and I had not experienced any negative complaints from my fellow co-workers. My supervisor nor any other crew leader ever indicated that my restrictions was a problem. In April of 1997, the pain and discomfort in my knee had become unbearable. I informed the company nurse that I would need to seek medical assistance. . . . In May 1997, I had arthroscopic surgery on my left knee. I was told that I would need a total knee replacement; however, because of my age the doctor wanted to postpone the procedure. I recuperated for a short time and in June 1997 the doctor issued me a release back to work with restrictions not to climb, kneel, squat, or crawl. The company refused to allow me to work. . . . I have suggested that I be allowed to perform the duties of a personnel safety monitor, S.O.P. writer, or any other duties within my unit that would not involve my medical restrictions. I know that the type of work that I suggested that I be allowed to perform is available. . . . I believe that I am being discriminated against because of my medical condition with my left knee.
Celanese also presented summary judgment evidence showing that Garcia's restrictions were not always what they were after his 1997 surgery. In 1994, after Garcia re-injured his knee while working at Celanese, his doctor's release to return to work stated that Garcia "should perform full duties except no climbing." Two months later, the doctor released him for full duty. These notes were signed by the same doctor who, in 1997, restricted him permanently from climbing, squatting, crawling or kneeling. Moreover, Celenese presented evidence that Garcia's knee was a chronic problem.
Garcia produced no evidence to contradict this evidence. In fact, Garcia concedes the degenerative progression of his knee problem. He stated in 1997, on an intake questionnaire for the City of Corpus Christi Human Relations department that:
I had a work related injury on 1-4-94 where I twisted my knee slipping on glycol. At that time I had arthroscopic surgery on my knee. The Company had no problem letting me back in the day after surgery (crutches, stitches, etc.). After recovering from the surgery, I went back to full duty, but continued having problems with my knee. Still could not kneel or crawl, and having problems climbing. Over the course of the three years continued problems with my knee, receiving cortisone injections and different medications. From the time of returning to full duty worked in an area that requires lots of climbing. In 6-96 it got to the point where I could no longer climb. So I was moved to an area with less climbing required. At that time whenever there was climbing to be done my partner would climb. From that time I
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