Plaintiff Tim Bowolak worked as a care service associate for Mercy Hospital . In January 2010 plaintiff hurt his back while pushing a cart of linens. He received treatment and physical therapy and ultimately returned to work without restrictions in May 2010. His employer refused his workers compensation benefits and he consequently filed a workers compensation claim. Later in March of 2011 plaintiff was called to a meeting by Mercys HR manager. Plaintiff was shown a document marked DRAFT. The document was purported to have been written by the doctor who performed back surgery on plaintiff for a work related injury in 2003. The document stated that plaintiff could not lift more than 30 lbs. Due to this alleged restriction the employer told plaintiff he could no longer work for the hospital. Plaintiff stated he never saw this document and was never told by any doctor that he had any weight restriction. Plaintiff further maintained that he was able to perform his job. The employer nevertheless fired him and plaintiff filed a disability discrimination claim with the Missouri Human Rights Commission. In May 2013 following a jury trial, the jury returned a verdict in favor of plaintiff. The jury awarded $50,000 in compensatory damages and $500,000 in punitive damages. The Missouri Court of Appeals for the Eastern District found there was sufficient evidence to support the finding that the employer had committed disability discrimination against plaintiff and that the award of both damages and punitive damages was reasonable. Tim W. Bowolak, Respondent/Cross-Appellant, vs. Mercy East Communities d/b/a Mercy Hospital St. Louis
Posted on: Mon, 03 Nov 2014 21:24:09 +0000
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