Caraballo v. City of Jersey City Police Dep't

• Decision Date: 25 March 2019
• Docket Number: A-71 September Term 2017,080467
• Citation: 237 N.J. 255,204 A.3d 254
• Parties: Frank CARABALLO, Plaintiff-Respondent, v. CITY OF JERSEY CITY POLICE DEPARTMENT, a municipal entity, and Thomas Comey, individually and in his representative capacity, Defendants-Appellants.
• Court: New Jersey Supreme Court

237 N.J. 255

204 A.3d 254

Frank CARABALLO, Plaintiff-Respondent,

v.CITY OF JERSEY CITY POLICE DEPARTMENT, a municipal entity, and Thomas Comey, individually and in his representative capacity, Defendants-Appellants.

A-71 September Term 2017

080467

Supreme Court of New Jersey.

Argued January 29, 2019

Decided March 25, 2019

Scott W. Carbone, Assistant Corporation Counsel, argued the cause for appellants (Peter J. Baker, Trenton, Corporation Counsel, attorney; Scott W. Carbone and Cheneise V. Wright, Assistant Corporation Counsel, on the briefs).

Brian F. Curley, Bedminster, argued the cause for respondent (Brian F. Curley, on the briefs).

Susan C. Sharpe argued the cause for amici curiae New Jersey Municipal Excess Liability Joint Insurance Fund, New Jersey State League of Municipalities, and New Jersey Institute of Local Government Attorneys (Dorsey & Semrau, attorneys; Fred C. Semrau, Boonton, of counsel; and Susan C. Sharpe and Edward R. Pasternak, on the brief).

Evan L. Goldman, argued the cause for amicus curiae New Jersey Association for Justice (Goldman Davis, attorneys; Evan L. Goldman, of counsel and on the brief; and Kristen Ragon, Hackensack, on the brief).

JUSTICE SOLOMON delivered the opinion of the Court.

In this appeal, we are called upon to consider the relationship between two statutory schemes: the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the New Jersey Workers' Compensation Act (Act), N.J.S.A. 34:15-1 to -146. Specifically, we must determine whether a plaintiff who pursues a workers' compensation claim under the Act but fails to utilize its enforcement mechanisms may make a claim for failure to accommodate under the LAD. Relatedly, we must also consider whether medical treatment qualifies as a reasonable accommodation under the LAD.

We answer both inquiries in the negative and conclude that plaintiff Frank Caraballo cannot establish a prima facie failure-to-accommodate claim under the LAD. We therefore reverse the judgment of the Appellate Division and reinstate summary judgment in favor of the Jersey City Police Department (JCPD).

I.

The trial court record reveals the following. Plaintiff Frank Caraballo joined the JCPD as a police officer in February 1973 and became a detective in 1977. While on duty in August 1999, Caraballo sustained injuries to his hands, back, knees, and legs during a motor vehicle accident. The injuries to his knees

were severe and became chronic. As a result of those injuries, Caraballo fluctuated between full duty, light duty, and paid sick leave throughout the remainder of his tenure on the police force.

In August 2001, Caraballo filed a workers' compensation claim related to the 1999 accident. He also underwent anterior cruciate ligament reconstruction

surgery on his left knee.

Over the next several years, physicians evaluated Caraballo to determine whether he required bilateral knee replacement surgery. Two city-appointed doctors agreed that Caraballo would eventually need total knee replacements

to recover fully from his injuries; other doctors confirmed Caraballo's need for knee replacement surgery.

In 2006, Caraballo's workers' compensation attorney notified the JCPD's counsel that the city-appointed doctors had agreed that Caraballo was a candidate for knee replacement surgery. His attorney also requested that the JCPD's counsel "[k]indly have [R]isk [M]anagement authorize ... the surgery recommended" by both doctors. In 2008, Caraballo's attorney informed the JCPD's counsel that Caraballo wanted a particular doctor to perform the surgery and that the doctor had been approved by Risk Management.

In August 2010, Caraballo submitted an application for retirement to the New Jersey Division of Pensions and Benefits, with an effective retirement date of March 1, 2011. Around the same time, the Commander of the JCPD Medical Bureau, Lieutenant John McLellan, followed up with Caraballo and his medical providers. Based on his review of Caraballo's file, McLellan determined that Caraballo "had been unfit for duty for numerous years." Although doctors had recommended total knee replacement

surgery, McLellan did not believe that Caraballo was pursuing this option. According to McLellan, Caraballo refused to see the doctor "who would be able to determine unequivocally whether or not he could have the surgery."

In February 2011, Chief of Police Thomas Comey learned that Caraballo had not undergone knee replacement surgery. Chief Comey arranged a meeting with Caraballo to confirm whether he planned to retire on March 1. Chief Comey informed Caraballo that if he did not retire by that date, the JCPD would apply for an involuntary disability pension on his behalf.

Caraballo retired on March 1. Shortly thereafter, Risk Management authorized an orthopedic surgeon to evaluate Caraballo for bilateral knee replacement surgery. The surgeon examined Caraballo and, according to the doctor's records, Caraballo "was told to contact [the] office to pick a date for surgery pending medical and cardiac clearance." Caraballo never called the doctor's office to schedule a date for surgery.

On March 4, 2013, more than six-and-a-half years after he requested that the JCPD authorize knee replacement surgery, Caraballo settled his workers' compensation claim. Shortly thereafter, he filed a complaint against the JCPD asserting a cause of action under the LAD.¹ Specifically, Caraballo alleged that the JCPD failed to authorize his knee replacement surgery and, therefore, failed to reasonably accommodate his disability.

After the close of discovery, the JCPD moved for summary judgment, arguing that Caraballo could not bring a failure-to-accommodate claim under the LAD because he was unable to perform the essential functions of his job even with an accommodation. In response, Caraballo maintained that he had established a prima facie failure-to-accommodate case under the LAD.

In an oral decision, the trial court granted the JCPD's motion for summary judgment. The trial court disagreed with Caraballo's contention "that the knee surgery itself qualifies as a reasonable accommodation" under the LAD. The court found that even if the knee surgery could have qualified as a reasonable accommodation, the record contained several medical evaluations showing that Caraballo was unable to carry out the responsibilities of a police officer with or without the surgery. According to the court, Caraballo could not bring a successful failure-to-accommodate claim because his handicap "would pose a hazard to himself, fellow officers, and the public."

The trial court also found that Caraballo could not bring a viable LAD claim because he failed to enforce his right to have knee surgery in the workers' compensation court. Citing Flick v. PMA Insurance Co., 394 N.J. Super. 605, 928 A.2d 54 (App. Div. 2007), the court concluded that because Caraballo failed to make an application to enforce his right to have knee surgery, he was "precluded from using a denial of the [w]orkers' [c]ompensation benefits as a basis for his [ ]LAD claim."

On appeal, Caraballo argued that the trial court erred in granting the JCPD's summary judgment motion. According to Caraballo, the judge made "findings of fact on genuinely disputed issues" and "erroneous findings of fact that were not supported by the record." Caraballo also argued that the judge erred in his interpretation and application of the LAD and failed to appreciate that knee surgery could qualify as a reasonable accommodation.

In response, the JCPD agreed with the trial court's determination that knee replacement surgery itself does not qualify as a reasonable accommodation under the LAD. It also agreed with the trial court's rationale that, regardless of whether knee surgery qualifies as a reasonable accommodation, Caraballo failed to set forth a prima facie case because he was not qualified to perform the essential functions of his job, with or without the surgery. Finally, according to the JCPD, Caraballo's failure to pursue a claim for benefits in his workers' compensation case -- and his subsequent decision to settle that case -- could not serve as the basis for a failure-to-accommodate claim under the LAD. The JCPD relied primarily on Stancil v. ACE USA, 211 N.J. 276, 48 A.3d 991 (2012), for the proposition that the Act provides the exclusive remedy for an injured worker to pursue a claim for benefits.

The Appellate Division reversed. According to the panel, the trial judge erred in granting summary judgment because the record contained numerous material factual disputes -- including why Caraballo retired without receiving knee surgery -- that should have been presented to a jury. Relying on this Court's decision in Victor v. State, 203 N.J. 383, 4 A.3d 126 (2010), the Appellate Division also concluded that Caraballo established a prima facie failure-to-accommodate case under the LAD. The panel reasoned that although Caraballo may not have been able to perform his job without a reasonable accommodation, there was a material dispute as to whether he would have been able to perform his job with the accommodation -- total knee replacement

surgery.

The JCPD filed a petition for certification, which we granted. 233 N.J. 485, 186 A.3d 899 (2018). We also granted amicus curiae status to the New Jersey Association for Justice (NJAJ) and to the New Jersey Municipal Excess Liability Joint Insurance Fund, the New Jersey State League of Municipalities, and the New Jersey Institute of Local Government Attorneys (collectively, Municipal Amici).

II.

The parties' arguments here mirror those raised in the Appellate Division. In addition, the JCPD argues that the Appellate Division erred when it failed to address either the Act or Caraballo's failure to utilize any of the Act's enforcement mechanisms in addressing the LAD failure-to-accommodate claim.

The Municipal Amici agree with the JCPD's arguments and also highlight that Caraballo's LAD claim is "inexorably intertwined" with his...