Kaiser Fires Woman Due to Work Injury, She Says
11-5-2013 23:43:00
SAN DIEGO, Calif. (CN) - A woman injured her shoulder at work, and ultimately lost her job because of it, she claims in San Diego County Superior Court.
Angelica Worst began working at a Kaiser hospital in August 2006 as a certified surgical technician, but injured her shoulder in February 2010. Kaiser assigned her to clerical duty, then, but placed her on a leave of absence after 90 days.
Worst had surgery to repair her shoulder in July 2011, and again in March 2012. She says she was ready to come back to work in March 2013, but that Kaiser deemed her injury as permanent and refused to allow her to resume working as a surgical technician.
She was assigned to Kaiser Human Resources Case Manager Janet Langstaff who was supposed to help her find another job within the Kaiser system, but did little to help her, according to the complaint.
“Other than requesting [that] Mrs. Worst check the Kaiser job boards and apply for open positions, no other affirmative steps or actions were taken to reasonably accommodate [her],” the complaint states.
She requested a re-evaluation of her condition so she could be reassigned as a surgical technician, but was denied and consequently continued her search for employment.
"Between March 2013 and August 2013, Mrs. Worst applied for approximately 43 employment positions with Kaiser. Most of the positions Mrs. Worst applied for were clerical positions for which she was over-qualified; nevertheless, Kaiser failed and refused to hire and/or reassign Mrs. Wort to any of these employment positions. Mrs. Worst was qualified, ready, willing and able to work at these employment positions,” according to the complaint.
Worst claims she has suffered mental anguish, humiliation, emotional and unspecified physical distress, as a result.
She is suing for violation of state and federal law. She seeks general, compensatory and punitive damages.
Joshua D. Gruenberg and Zachary T. Tyson represent the plaintiff.
