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Reasonable Accommodation for Work-related Injury

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jackson6

Junior Member
What is the name of your state? VA

In August 2002, I suffered a back injury at work in which my office chair (the chair had been repaired once and my weight exceeded its recommended capacity) collapsed and threw me to the floor. I was out of work for a few days and was under the care of a doctor. Also, my workers' compensation claim was approved. Upon my return to work, I was asked to fly overseas for a project I've been working on for over a year. I agreed, but asked that I could fly first class to accommodate my back injury. My organization declined stating it wasn't a reasonable accommodation at the the funding agency (a federal agency) would not approve a first class flight.

At that point, I decided to get a doctor's note requesting such accommodation and my organization gave me a specific date to obtain such notice. I obtained the note before the deadline date. However, in the interim, my organization reassigned the job task to a colleague of mine who did not have any expertise in such task. Further, his salary was greater than mine was in that the cost of an upgraded fare plus my salary would have been comparable to the cost of this employee's participation.

After this incident, I never worked on that assignment again. Also, I did not receive any future work assignments in that division. The division director did send me an e-mail expressing her desire to continue working with me with this project. However, my direct management told me later that the division director was not interested in working with me.

Further, I was forced to return to the office to work (I was working at home under light-duty classification) by my boss. It was customary for my colleagues and I to work at home. However, the organization did not provide an adequate chair until a day later. I had to sit in a chair that clearly was uncomfortable and did not accommodate my weight.

Was my organization obligated to provide such accommodation (upgraded flight class) or was such a request considered unreasonable? Should I have been replaced on such work assignment if I were willing to perform such task; however, with above accommodations?

Jackson
 


cbg

I'm a Northern Girl
Even assuming that the ADA applies, which has not been established, the employer is not obligated to provide the accomodation that the employee wants, even if it is the accomodation that the doctor recommends. Instead they chose a different accomodation - i.e, not requiring you to fly at all. That was legal. Whether upgrading you to first class would have been reasonable or unreasonable is not something anyone here can say. But even if it were reasonable, that doesn't obligate the employer to do so if a different reasonable accomodation will also work.
 

BelizeBreeze

Senior Member
You also make several references to your weight, which is not a protected status. If you have to have a special chair because you're fat, then either accept the limitations of your preceived disability or lose weight. :rolleyes:
 

rmet4nzkx

Senior Member
I think you are confused between what is a reasonable ADA accommodation and work restrictions from your workers comp injury and case.

By all means, your employer should have supplied an appropriate chair upon return to work IF your worker's comp doctor ordered it, along with an ergonomic survey. Why, if you already knew your weight was a problem and the chair had been repaired because of your weight did you not ask for an appropriate chair? Insofar as your trip overseas, your employer never should have sent you on such a trip until you could travel without restrictions. If you were of normal weight an asile or bulkhead seat on a less than full flight might have accommodated you, but since you are apparently significantly overweight, you would have needed two coach or a 1st class seat in any event. If you were qualified as disabled, then the airlines sometimes make accommodations. If your weight is due to a disability, that might be a different story. You may call the ADA hotline and ask your questions there as to application to Federal Employees.
 

cbg

I'm a Northern Girl
BTW, I don't think a 24 hour delay in finding an appropriate chair is unreasonable.
 

HomeGuru

Senior Member
Nope, since it took 3 days to find the regional shopping mall Santa the right chair. And a week to find all the the reindeer chairs.
 

jackson6

Junior Member
Thanks for all the replies. Moving on is the remedy for closure here. Regarding my weight, I am sure us "fat" people will obtain protected status eventually or at least successfully fight the ignorance and bigotry faced daily from morons and the uninformed.

To tell an overweight person to lose weight is comparable to telling a depressed person to snap out of it. Get a clue! :D

Jackson
 

pikkie

Junior Member
Jackson6

I want to thank you so much for responding to the attack on your weight what ever it maybe.I do not understand how some people can be so cruel and judgmental to anyone!They really showed thier own ignorance in posting what they did.I myself came to this site for information concerning w/c as I am sure you did, not to be judged by anyone for any reason.Some poeple in this world unfortunately because of there own lack of something-what ever it maybe feel the need to judge others.I hope all goes well for you and take care.To those of you who may respond to this-it is a shame that you voiced such an opinion to this person on something that you know nothing about.They did not in any way ask your opinion on thier weight!It was cruel and extremely uncalled for.One can only hope that a day does not come to were you have an accident or medical condition that causes you to be over weight and you get the same kind of treatment you gave to this person.And for you with the need to know -no I am not an over weight person,I am a human being as is the person you voiced your opinion too.
 

tjr5150

Member
Pikkie
we all came to this site for info....
i am a big guy 250 pounds and had 2 surgerys on my right ankle the second surgery had me laid up for 3 months no wieght baring i gained 40 pounds i am in the procces of losing that now... because it bothers me not cause people tease me if you read the first post he states that the chair was repaired before and he knew his wieght exceeded the limit of the chair yet he still chose to use it instead of aquiring the right one for himself if you want to feel sorry for someone who does not care about there health so be it
 

pikkie

Junior Member
tjr5150

My post was not about feeling sorry for someone because they are over weight.It was to say to people like you that made the statement(I think you should lose some weight) that it is not always a choice to be over weight.No one asked this person if there was a medical reason for this but, were quick to judge based just on knowing they are over weight and that" was not thier question to begin with". They did not ask you for your opinion on this and your statement was cruel! I hope you are able to lose what you have gained it is not an easy thing to do with limitations.Good luck with your recovery.
 
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jackson6

Junior Member
For the record, I did not know that my weight exceeded the chair's capacity until AFTER the back injury incident. Further, the chair was purchased specifically for me because of my weight and I thought it could accommodate my size. But for my organization to buy a chair with a 250lb limited capacity for a 350lb man is ludicrous.

Jackson
 

pikkie

Junior Member
jackson6

About your work issues. The only thing I would be able to suggest is to call the labor baord in your area. Let them know what is going on at work about them not giving you future work assignments and someone should be able to help you.Good luck
 
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