EMP represented an employee of a national package delivery service. The employee had injured his back in a workplace accident but continued to work as a package delivery driver while in pain. After many years of continuing his employment his treating doctor determined that he could no longer regularly lift the heavy packages required of a regular route driver.
There was an opening for a job that did not require the regular lifting of heavy packages. The employer informed the employee that he was not qualified to perform the lighter duty job because his doctor had restricted him from being 100% able to return to work. EMP communicated with the employer contending that the refusal to allow the employee to return to work in a job that did not regularly require heavy lifting was a violation of the Americans with Disabilities Act.
Following substantial negotiations between attorneys for the employer and EMP, the driver was awarded the job he had been denied. EMP’s client was able to continue working for several additional years until he met the requirements for retiring with full retirement benefits.