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Butterfield v. Sidney Public School8/30/2001
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Richland, The Honorable Richard G. Phillips, Judge presiding.
Submitted on Briefs: May 17, 2001
The Appellant, Robert W. Butterfield, filed a petition with the Montana Department of Labor and Industry in which he alleged that the Sidney Public Schools discriminated against him because of a physical disability. The Department's hearing examiner concluded that the School District had unlawfully discriminated against Butterfield. The District appealed to the Montana Human Rights Commission, which reversed the final decision of the Department. Butterfield then sought judicial review of the Commission's decision in the District Court for the Seventh Judicial District in Richland County, which affirmed the decision of the Commission. Butterfield now appeals from the order of the District Court. We reverse the District Court.
The sole issue presented on appeal is whether the District Court erred when it affirmed the Commission's conclusion that Butterfield is not disabled or regarded by his employer as disabled.
FACTUAL BACKGROUND
The Sidney Public Schools hired Robert W. Butterfield as a school custodian on August 28, 1995. Butterfield's job description included a requirement that he be able to lift heavy objects and equipment. The District did not require Butterfield to take a physical examination before or after being hired.
Butterfield hurt his back in an auto accident in April 1996. He returned to work in June 1996, with his doctor's approval. Although he continued to have back problems, Butterfield was able to adequately perform his job by doing less heavy lifting.
On July 8, 1996, Butterfield submitted a claim for worker 's compensation as a result of a back injury sustained on July 1, 1996, while cleaning under some bleachers at work. Butterfield's doctor, Dr. Donald A. Cooper, recommended that Butterfield remain on leave from work until his condition improved. Butterfield discussed this recommendation with Superintendent Douglas Sullivan, who informed Butterfield that he could return to work when his doctor released him.
Butterfield attended physical therapy, prescribed by Dr. Cooper, but did not complete the prescribed number of sessions. In August 1996 his therapist determined that Butterfield could return to work with good pain management. However, Butterfield remained off work.
The District's insurer referred Butterfield to another doctor, Dr. William Shaw, for an evaluation in November 1996. Dr. Shaw determined that any back problems stemming from the July 1, 1996, injury at the school had stabilized and reached maximum healing. Dr. Shaw did not think that Butterfield required any restrictions beyond those under which he had successfully performed his job prior to the July 1, 1996, accident.
While continuing his treatment with Dr. Cooper, Butterfield received additional treatment from an orthopedic surgeon, Dr. Lotfi Ben-Youssef. Dr. Ben-Youssef concluded in May 1996 that Butterfield would probably not be able to return to his job . Dr. Cooper eventually released Butterfield to return to work in June of 1997.
By letter dated February 28, 1997, Superintendent Sullivan told Butterfield that he was putting him on leave pursuant to the Family Medical Leave Act for up to the maximum 12 weeks. The letter asked Butterfield to obtain releases from his treating physician before returning to work. Butterfield's FMLA leave expired on May 20, 1997. However, Butterfield did not immediately return to work. On June 23, 1997, Sullivan sent Butterfield a letter requesting written n
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