Reference no: EM133044576
An expensive Workers' Compensation Claim
Larry W. Holland was awarded $4.3 million in a workers' comp retaliation lawsuit because his employee failed to modify his duties after an injury that occurred on the job. The employer then tried to terminate his job while he was out on medical leave.
Holland was a facility supervisor for Schwan's Home Service Inc. in West Frankfort, IL. He injured his back at work when he slipped on ice unloading goods into a Schwan's freezer. After some time, his doctor told him he could return to work, but only under certain restrictions, including no prolonged standing or heavy lifting. When he returned to working his job duties did not change, despite his doctor's restrictions. He continued to stand for long periods of time and lift heavy goods.
Holland's back injury worsened, and his doctor informed him to stop working for a month and go to physical therapy. Right before he was to return to full-time employment, he received a letter from Schwan's saying that his position was set to be eliminated.
Schwan gave Holland 30 days unpaid to find a new job within the company or be completely terminated. He was also told not to return to work until he had been accepted for another job within the company. Schwan claims that they created a material handler job, specifically for Holland, but Holland was not formally made aware of the position which prevented him from accepting it. He was then terminated and sued Schwan's for retaliatory discharge. Eventually, Holland received an award of $4.3 million.
Questions-
- What possible workplace accommodations could have been provided to Larry, to make his job a bit more feasible?
- Was Schwan right in his judgement to terminate Larry? Why or why not? Give reasons.
- Had Schwan not terminated Larry, would it be advisable for Larry to continue working there, considering the psychosocial hazards? Why or why not?Explain.