Kaiser Refused to Accommodate Work Injury, Fired Worker Claims
OAKLAND, Calif. (CN) - A fired patient care technician claims in Alameda County Superior Court that Kaiser discriminated against him for a shoulder injury.
Brandon Bogue sued Kaiser Foundation Hospitals for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations and wrongful termination.
According to the lawsuit, Bogue hurt his shoulder helping to lift a patient at work. His doctor took him off work for a couple of days and then put him on modified duty, but Kaiser did not accommodate him, and instead sent him home until he was fully recovered, Bogue claims.
Bogue gave Kaiser regular status updates while he was off work, according to the complaint. He also had shoulder surgery during that time, it says.
Two days before Bogue came back to work after the surgery, he moved and gave Kaiser his new address, the complaint continues.
“From that point on, plaintiff’s workers comp documents and Kaiser information was sent to his new address,” the complaint states.
Shortly after Bogue’s return, his doctor put him on light duty, but again Kaiser did not accommodate him, it says.
Six months after Bogue had returned to work, Kaiser fired him, “for allegedly not providing updated medical documentation regarding his restrictions,” the complaint states.
“As plaintiff later found out, a number of warning letters requesting updated medical documentation was sent to his old address, even though the defendants were well aware of, and have been sending correspondence to plaintiff’s new address for months at that time,” the complaint states.
Brandon Bogue seeks compensatory and punitive damages, attorneys’ fees, costs of suit and a jury trial. He is represented by Arkady Itkin in San Francisco.