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Managed Healthcare Services Company Prevails In Nurse’s ADA Claim

By on September 27, 2016 in ADA with 1 Comment

Katherina Swank worked for CareSource Management Group (hereinafter CareSource) as a Registered Nurse (RN).  CareSource provides managed healthcare services to Medicaid recipients.  Her work involved case manager duties by telephone until CareSource initiated a new approach in 2011 to delivering managed care services to the Ohio Department of Job and Family Services, which mandated that CareSource employees meet face-to-face with certain high risk members of the community on at least a quarterly basis.

This face-to-face requirement posed a problem for Swank because she suffered from rheumatoid arthritis.  She had intermittent difficulty with walking, lifting heavy items, and driving.  She had a weakened immune system and was susceptible to illness.  Because of these medical issues, CareSource had allowed Swank to begin working from home in 2009.  When management contacted Swank in 2011 about the change in requiring face-to-face visits with members, Swank said that she had concerns about this, in particular having to drive a great deal as well as the impact on her autoimmune condition.

Swank sent a letter on November 14, 2011 to the Senior Vice President of Health Services stating that the new position “would be hazardous considering her current health condition.” She elaborated that contact with high risk patients would be detrimental to her health. She met with management and stressed that long distance driving would also be a problem.  CareSource suggested that Swank make an accommodation request.

Swank filled out an application for an accommodation and stated that she was “unable to tolerate being exposed to changes in weather conditions” and “unable to sit/stand for long periods of time.” Her request was to be permitted to continue to work in an office setting. Her physician weighed in by saying that Swank would have “difficulty” performing some of the job duties of the new CMHR job position.  Her doctor also said that during acute flare-ups of her rheumatoid arthritis, her medical condition would preclude her from traveling to and from work and from being at work.

Ten more conversations took place between the parties with no real progress. Ultimately Swank admitted that she could not perform the essential functions of the new CMHR position, and CareSource advised that it had no other position for her.  The company then terminated her employment.

Swank sued under the ADA and contended that the company failed to make reasonable accommodation for her disability.  The district court ruled for CareSource and the United States Sixth Circuit Court of Appeals affirmed the dismissal of Swank’s case.  The Court noted as follows:

  • There was evidence that Swank could not perform her job duties at all during flare-ups of her rheumatoid arthritis.
  • The Court had a right to rely on statements by Swank’s doctor that she was likely to have acute flare-ups even though Swank disagreed with her own doctor on this point
  • Driving was an essential function of the CMHR position because driving was included in the “Work Environment/Physical Requirements” section of the job description, even if it was not mentioned in the CMHR heading as an essential job function.
  • Making face-to-face visits with high risk patients was an essential job function

Swank also argued that the company should have considered reassigning her to a telephonic position in Dayton or Cleveland.  The Court noted that at the time she raised this issue, there were no such positions available.  Further, this would not have addressed Swank’s restrictions against long distance driving.  Lastly, one of the Cleveland positions would have required a promotion for Swank, and the Court noted that this is never required of an employer under the ADA.

The Court rejected the argument that Swank made a reasonable accommodation request:

Swank failed to propose a reasonable accommodation that would have addressed her stated driving limitations.  Swank contends that she proposed a reasonable accommodation because she ‘sought to be assigned members in the geographic area of her home in order to limit driving long distances.’ However, Swank testified that even if she were assigned members closer to her home, she still might have to sit in the car for long periods of time due to traffic or bad weather and still might experience flare-ups due to changes in the weather. Swank therefore agreed that assigning her members closer to her home would not adequately address her concerns.  Accordingly, because Swank did not propose a reasonable accommodation to CareSource that would address her stated limitations, her interactive-process claim fails as a matter of law.” 

This case shows how important it is for an employer to ask an employee to outline in writing any health restrictions and make a specific request for accommodation.  Here the plaintiff boxed herself in by listing so many restrictions that it would be nearly impossible for the company to find a job which would meet all the restrictions.  When plaintiff tried to walk some of the restrictions back, contending that she was not really all that restricted, the employer correctly held her to her written representations and held her doctor to them as well.  The case also shows how important it is to list the essential functions on a job description.  It is worth the time to get the job description right, which CareSource did here in stating that driving and traveling were essential functions.

The case can be found at Katherina Swank v. CareSource Management Group Corporation, 32 AD Cases 1731 (6th Cir. 2016).



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About the Author

About the Author:

John H. Geaney, a shareholder and co-chair of Capehart Scatchard's Workers' Compensation department, began an email newsletter entitled Currents in Workers’ Compensation, ADA and FMLA in 2001 in order to keep clients and readers informed on leading developments in these three areas of law. Since that time he has written over 500 newsletter updates.

Mr. Geaney is the author of Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers. The manual is distributed by the New Jersey Institute for Continuing Legal Education (NJICLE). He also authored an ADA and FMLA manual as distributed by NJICLE. If you are interested in purchasing the manual, please contact NJICLE at 732-214-8500 or visit their website at www.njicle.com.

Mr. Geaney represents employers in the defense of workers’ compensation, ADA and FMLA matters. He is a Fellow of the College of Workers’ Compensation Lawyers of the American Bar Association and is certified by the Supreme Court of New Jersey as a workers’ compensation law attorney. He is one of two firm representatives to the National Workers’ Compensation Defense Network. He has served on the Executive Committee of Capehart Scatchard for over ten (10) years.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School. He has been named a “Super Lawyer” by his peers and Law and Politics. He serves as Vice President of the Friends of MEND, the fundraising arm of a local charitable organization devoted to promoting affordable housing.

Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Trenton, New Jersey. The firm represents employers and businesses in a wide variety of areas, including workers’ compensation, civil litigation, labor, environmental, business, estates and governmental affairs.


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