Quint v. A.E. Staley Mfg. Co.

• Decision Date: 07 April 1999
• Docket Number: Nos. 98-1300,98-1342,s. 98-1300
• Citation: 172 F.3d 1
• Parties: 9 A.D. Cases 242, 14 NDLR P 231 Jacquelyn M. QUINT, Plaintiff, Appellee, v. A.E. STALEY MANUFACTURING COMPANY, Defendant, Appellant. Jacquelyn M. Quint, Plaintiff, Appellant, v. A.E. Staley Manufacturing Company, Defendant, Appellee.
• Court: U.S. Court of Appeals — First Circuit

Page 1

172 F.3d 1

9 A.D. Cases 242, 14 NDLR P 231

Jacquelyn M. QUINT, Plaintiff, Appellee, v. A.E. STALEY MANUFACTURING COMPANY, Defendant, Appellant.

Jacquelyn M. Quint, Plaintiff, Appellant, v. A.E. Staley Manufacturing Company, Defendant, Appellee.

Nos. 98-1300, 98-1342.

United States Court of Appeals First Circuit.

Argued Oct. 7, 1998.

Decided March 15, 1999.

Rehearing Denied April 7, 1999.

Brent A. Singer, with whom John W. McCarthy and Rudman & Winchell, LLC were on brief for appellant A.E. Staley Manufacturing Company.

Stephen A. Roach, with whom Darren G. Waggoner, Adam P. Whitney and Roach & Wise were on brief for appellee Quint.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and STAHL, Circuit Judge.

CYR, Senior Circuit Judge.

Defendant A.E. Staley Manufacturing Company ("Staley") appeals from a district court judgment awarding Jacquelyn Quint $300,000 in damages for having discharged her in violation of the Americans with Disabilities Act (ADA). Quint in turn cross-appeals from the judgment insofar as it disallowed all but $8,019 in back pay and rejected her request for reinstatement.

I BACKGROUND

In December 1991 Quint went to work at Staley's potato-starch processing plant in Houlton, Maine, initially as a warehouse Quint consulted Dr. Hassan Abouleish in February 1993, complaining of wrist pain. Dr. Abouleish referred her to a neurologist, Dr. Jose Tungol, who performed nerve-conduction tests and diagnosed Quint with bilateral carpal tunnel syndrome (CTS). CTS is a condition in which the median nerves and nerve tendons which pass through the carpal tunnel a narrow, finger-width passageway through the wrist bone become compressed and inflamed, causing numbness or pain. Commonly, CTS is caused by repetitive, vibratory, or forceful use of the hands, or by exposure of the hands to prolonged elevation or extreme cold. Dr. Abouleish and Dr. Tungol recommended that Quint wear supportive wrist splints at night and that she be relieved from work tasks which would aggravate her condition, such as lifting objects weighing more than five or ten pounds.

worker and later as a press operator. In the latter position she manually lifted objects weighing from 70 to 100 pounds (e.g., bags of starch, propane tanks), manipulated heavy machinery parts (e.g., metal covers), and performed a variety of repetitive manual or overhead tasks (e.g., stenciling bags, sweeping, shoveling, and adjusting spigots). Staley's automated manipulators, designed to relieve workers from heavy manual lifting, either functioned haphazardly or in some instances were inoperable. The work area was unheated and open to the outdoors both in winter and summer.

On May 21, 1993, Quint notified Staley of the medical diagnosis and restrictions recommended by Dr. Abouleish. Staley directed Quint to see Dr. Richard Blum, a general practitioner whom Staley employed as its company physician. After interviewing Quint, but without performing a physical examination, Dr. Blum recommended a less restrictive lifting limit of from 20 to 25 pounds, as well as continued nighttime use of wrist splints. Notwithstanding Dr. Blum's medical advice, Staley continued to require Quint to perform all regular work duties during the next two months.

In July 1993, Staley arranged for a neurologist and CTS specialist, Dr. Bruce Sigsbee, to examine Quint. Dr. Sigsbee confirmed that Quint did indeed have work-related CTS, and recommended that Staley reduce her repetitive work tasks and abide by a maximum ten-pound lifting restriction. When Plant Manager Kevin Baker read the Sigsbee report he became "very upset." Fearing that Quint would spoil Staley's spotless workplace-safety record were she to file a workers' compensation claim, Baker ordered the production of a videotape purportedly depicting the work tasks typically performed by a press operator, but seriously downplaying the physical demands of the position. Baker then unsuccessfully lobbied Dr. Sigsbee to alter his report, and made what Dr. Sigsbee characterized as "strident" accusations that Quint was malingering. For her part, Quint balked at Baker's suggestion that she go on sick leave.

Following the Sigsbee report, Staley adjusted Quint's job description so as to require her to perform only "lighter" duties on the processing line. Because processing-line operators normally worked in teams of three or four, Staley ordered other members of Quint's team to take up the heavier or more repetitive tasks. Without consulting Quint's doctors, Baker ordered her to wear her wrist splints on the job, which caused the metal brace in the splints to bruise her wrists and ultimately to radiate pain into her elbows and shoulders.

After Dr. Blum saw Quint again in September 1993, he announced his intention to visit the job site to determine how best to accommodate her CTS. Keith Saunders, Staley's operations manager, rejected Quint's request that she be allowed to accompany Dr. Blum on the job-site visit. Around the same time, Staley's insurer retained an ergonomist to study the press-operator position and recommend suitable accommodations. As a consequence, Staley In October 1993, Dr. Sigsbee again examined Quint. Without conducting new nerve-conduction tests, he opined that her CTS was "substantially improved," and increased her weightlifting restriction to thirty pounds. Gradually, Staley began to increase Quint's job functions, reinstating her "bagging" duties (i.e., lifting and handling 100-pound bags of starch). When Quint reported increased wrist pain, Saunders told her that only Dr. Blum could order her back to "light" duty.

ultimately modified some of its procedures and equipment. For example, it altered the design of the so-called "cane" used to adjust spigots, and installed electric winches to lift heavy machinery covers. At the same time, it decided against heating the work area, realigning the conveyor belts or repairing the automated manipulators.

In December 1993, Dr. Tungol performed new nerve-conduction tests and reported overall improvement in Quint's condition, but warned that "[a] return to this activity [i.e., her regular duties] will make her vulnerable to reoccurrence of her symptoms." At year's end, Quint informed Saunders that her wrist pain had increased since November, when he had reinstituted her "bagging" responsibilities.

In early January 1994, Quint consulted Dr. David Starbuck, who notified Staley that Quint's CTS had flared up and that she should not work until further notice. At 3:15 p.m. on January 7, Baker ordered Quint to travel to Dr. Blum's office--located some 30 miles from her home--for a 3:30 p.m. appointment. Saying that she needed "reasonable notice," Quint declined to do so. Ultimately, Dr. Blum concluded that Quint could continue to perform the light-duty job, and Baker denied her request for sick leave, instead stating that Quint could either return to work or be fired. Quint complied and returned to her light-duty job.

By February 1994, however, Staley again reinstituted her "bagging" duties and Quint soon complained to Baker of worsening wrist pain and numbness. Baker nonetheless declined to consult further with Dr. Blum. On February 28, Quint consulted Dr. Jean LaBelle, a hand surgeon. After conducting tests, Dr. LaBelle reported that Quint's CTS was worsening, and recommended to Staley that she take at least six weeks off from work.

On Friday, March 4, after four days without any attempt to contact Quint, Baker ordered Saunders to send Quint a certified letter pursuant to Me.Rev.Stat. Ann. tit. 39-A, § 207, ¹ notifying her that she must submit to a medical examination by Dr. Blum on Monday, March 7, and then report to Baker's office the following day to discuss the results of Dr. Blum's report. Quint did not receive the certified letter until Saturday afternoon. Although the letter informed Quint that she had the statutory right to require Staley to pay her physician to attend the Blum examination, Baker and Saunders knew before the letter was mailed that Dr. LaBelle was away on vacation and unable to attend. In addition, the letter failed to advise Quint that Plant Manager Baker conceded at trial that he had given no thought to whether the certified-letter notice was unreasonably short and that he had simply not expected that Quint might wish to exercise her legal right to have her own doctor accompany her, even though Baker knew from past experience that Quint mistrusted Dr. Blum. For his part, however, Operations Manager Saunders acknowledged that the timing of the notice was unreasonable.

she had the right to reschedule the appointment.

On Monday, March 7, Quint called Dr. Blum's office to cancel the appointment. The doctor's office promptly notified Baker the same day, adding that Quint had seemed "quite upset." Since the certified letter had stated that the purpose of the March 8 meeting at Baker's office had been to discuss the Blum medical report, Quint did not attend. Finally, on Wednesday, March 9, Baker fired Quint for failing to notify Staley of the reason for canceling the Blum appointment and for failing to attend the Tuesday follow-up meeting at Baker's office.

In due course Quint brought suit against Staley in federal district court, claiming inter alia that her discharge violated the ADA, 42 U.S.C. § 12101 et seq., the Family Medical Leave Act (FMLA), 29 U.S.C. § 2611 et seq., and the Maine Human Rights Act (MHRA), Me.Rev.Stat. Ann. tit. 5, § 4551. ² Following a five-day trial, the jury found that Staley had discharged Quint because of her disability, and awarded her $300,000 in compensatory damages and $420,000 in punitive damages. The district court reduced the damages award to $300,000 pursuant to the statutory cap. See 42 U.S.C. § 1981a(b)(3).

Following a hearing on equitable relief, the district court disallowed all but $8,019 of Quint's $125,580 back-pay claim, largely because she admittedly failed to apply for other...