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Clay v. State

6/19/2002

inistrative Assistant I at the time of her resignation, Clay testified she was mentally able to do so. The following exchange then took place:


Q: You had the ability to do it but you physically could not perform the job duties at the time you resigned, is that correct?


A: Because of my disability with my back and hands, you are correct.


Q: And as you are sitting here today, you do not believe that you could go back in and perform the duties of an Administrative Assistant I at the Department of Education, is that correct?


A: I have been off from the job over two years now. The reason I could not do the duty - or the job duties would be because of the amount of pain I'm still having in my hands and my back.


We find substantial evidence supports the district court's conclusion Clay was unable to perform the essential duties of an Administrative Assistant I. Under our standard of review, we must affirm.


AFFIRMED.






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