Collins v. Sch. Bd. of Pinellas Cnty.
| Decision Date | 19 November 2020 |
| Docket Number | Case No. 8:19-cv-2145-T-33TGW |
| Parties | ANGELA M. COLLINS, Plaintiff, v. SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, Defendant. |
| Court | U.S. District Court — Middle District of Florida |
This matter comes before the Court pursuant to Defendant School Board of Pinellas County, Florida's Motion for Summary Judgment (Doc. # 63), filed on October 9, 2020. Pro se Plaintiff Angela M. Collins responded on November 16, 2020. (Doc. # 67). For the reasons that follow, the Motion is granted.
In May 2005, the School Board hired Collins as a substitute bus driver; four months later, she was promoted to regular bus driver. (Doc. # 64 at 45:18-24; Doc. # 64-1 at 25-26). Collins previously had been employed with the School Board in food service and student support services. (Doc. # 64-1 at 23-24). She resigned her employment in September 2006 and later applied and was hired again as a driver in 2007. (Id. at 30-31). Collins was employed in this position until her resignation on May 22, 2019. (Doc. # 65-3 at 23). She was a 9-month employee, working from August until May. (Doc. # 64-4 at 1).
As a bus driver, Collins was required to have and maintain a Class B license, to drive with care at all times, to instruct students in safe riding practices, and to safely transport students. (Doc. # 64 at 47:1-19, 50:15-17; Doc. # 64-1 at 27-29). Although it was not listed in the job description (Doc. # 67-2 at 33-35), Collins testified it was an essential function of the job for a driver to be able to look left, right, and behind. (Doc. # 64 at 49:18-24). Attendance at work also was an essential function of the job as this was not a position that could be performed at home. (Id. at 49:25-50:8). Additionally, it was an essential function of the job to be able to reach and grasp objects; to have manual dexterity or fine motor skills; to work in an area that is somewhat uncomfortable due to extreme temperature, noise levels, or other conditions; to operate a vehicle; and to lift and carry objects up to 50 pounds. (Id. at 47:20-48:4; Doc. # 64-1 at 27-29).
The School Board has a policy providing twelve weeks of unpaid leave when the employee is unable to perform his or her job functions due to an employee's serious health condition under the FMLA. (Doc. # 64-3 at 5-12). This policy requires any accrued paid leave to run concurrently. (Id. at 8). Additionally, any employee who takes leave for this reason must provide a fitness-for-duty certification "that specifically addresses the staff member's ability to perform the essential functions of his/her job" before returning to work. (Id. at 11). During the period of leave under this policy, the employee does not accrue leave or any other benefits. (Id.).
The School Board also has an employee benefits policy. (Doc. # 64-3 at 1-4). This policy provides that, while an employee is on unpaid, non-FMLA leave, the employee is "required to pay the entire cost of all insurance plans." (Id. at 3).
The School Board's leave of absence policy provides that it may grant a leave of absence "for a specific period of time with the right to return to employment upon the expiration of leave." (Id. at 13). It also has a policy providing a paid leave of absence of up to ten days for any work-related injury or illness during the year in which theillness or injury occurred. (Id. at 14). An employee may use accrued sick leave when the employee is unable to perform his or her job duties. (Id. at 17).
Collins was a member of the bargaining unit represented by SEIU. (Doc. # 64 at 83:17-19, 93:7-10). SEIU and the School Board entered into a collective bargaining agreement (CBA) that governed Collins' employment. (Doc. # 64-3 at 20-77). This CBA provided that an extended, unpaid leave of absence may be granted for health or other reasons, but that leave shall not exceed 30 days. (Id. at 45). However, this is not a job-protected leave. (Id. at 46). Upon return from leave, the employee will be placed in the same position if there is a vacancy available. (Id.).
Collins was granted all of the leave provided under the School Board's policies and the CBA with the union. (Doc. # 65-3 at 53; Doc. # 64 at 97:19-22, 98:21-23).
On January 15, 2010, eight years before the accident at issue in this case, Collins reported that she experienced a work-related injury and made a claim for workers' compensation. (Doc. # 64 at 102:9-12, 103:2-8; Doc. # 64-4 at 2). As a result of this accident, Collins requested and was granted leave from work. (Doc. # 64 at 107:16-22; Doc. # 64-4 at 10). Ultimately, by March 25, 2010, she was released from care at maximum medical improvement with a zero percent impairment rating. (Doc. # 64 at 112:8-14; Doc. # 64-4 at 13).
The School Board reviews every accident involving a bus driver. (Doc. # 64 at 109:5-8). If the driver is found at fault or the accident was preventable, then it assesses points, which may result in disciplinary action. (Id. at 109:9-12).
Although it knew of Collins' claim for workers' compensation benefits, the School Board concluded that she was not at fault for this accident in 2010 and she was not disciplined. (Doc. # 64 at 109:13-19; Doc. # 64-4 at 11). Collins was also not disciplined for any other accidents that occurred thereafter. (Doc. # 64-4 at 15).
On March 15, 2010, two months after she reported her first work-related injury, Collins received a mostly positive performance evaluation. (Doc. # 64 at 110:18-111:1; Doc. # 64-4 at 12). Thereafter, she continued to receive positive performance evaluations in 2012, 2013, 2014, 2015, 2016, 2017, and 2018. (Doc. # 64-4 at 19-20, 23-27; Doc. # 64 at 117:7-118:2, 120:3-122:8). She also received a commendation for her performance on March 6, 2014. (Doc. # 64-4 at 21).
During the first week of April 2018, Collins reported to a supervisor, Area Manager Felicia Salters, "about harassment and bullying at the time clock by supervisor Karen Upchurch and co-workers." (Doc. # 67-6 at 3). "Salters moved the time clock a week later." (Id.).
On April 19, 2018, Collins was involved in accident where a fire truck hit the driver's side of her bus while she was stationary at a red light. (Doc. # 64 at 122:16-19; Doc. # 64-4 at 45). The following morning, Collins reported the accident to her supervisor. (Doc. # 64 at 126:11-127:5).
After reporting this injury and making the workers' compensation claim, Collins was treated by Dr. Johnson, a doctor provided by the workers' compensation carrier, the same day that she reported the injury. (Doc. # 64-4 at 29-31). He treated her for a neck sprain following a motor vehicle accident and found that she had no functional limitations. (Id.). By May 3, 2018, Dr. Johnson found that Collins had reached maximum medical improvement with a zero percent impairment rating and no functional limitations. (Id. at 35-36).
Despite having knowledge of Collins' claim for workers' compensation benefits, the School Board concluded that theaccident on April 19th was not preventable and she was not disciplined in any way related to this accident. (Id. at 44; Doc. # 64 at 136:17-21).
Around this time, Salters "threatened to send [Collins] to the Office of Professional Standards for stealing time a week after [she] filed her worker's compensation claim" because Salters "said no one could work that much overtime in two weeks." (Doc. # 67-6 at 5).
Later, in August 2018 when the new school year started, Collins's "seniority to bid on a newer bus was taken away" and "[a] week later her bus was dead lined." (Id. at 6). As a result, Collins drove "faulty buses and did not have a permanent bus from August 2018 through November 16, 2018." (Id.). She "continue[d] to have serious unsafe, hazardous mechanical problems with her buses, electrical wiring, lifts falling out, [a] bus catching on fire, [and a] serious gas leak with students aboard." (Id. at 7). Despite her complaints about the faulty buses, "[n]o investigations, nothing was ever done about it." (Id.).
Collins did not seek any leave related to the April 19, 2018, injury until November 29, 2018. (Doc. # 64 at 145:8-146:1; Doc. # 64-4 at 47). On November 29, 2018, she made arequest for an initial leave of absence. (Doc. # 64-4 at 47; Doc. # 64 at 144:12-14, 145:13-15). She reported that this leave would be a short-term leave of 30 days or less. (Doc. # 64-4 at 47). The reason provided for this leave was "sick due to injury to neck." (Id.).
Her leave request was approved the next day by her supervisor and two days later by Human Resources and the School Board. (Id.). Her initial leave request was approved through December 24, 2018, but it was later extended through February 28, 2019. (Id.).
On November 30, 2018, Collins' doctor certified that that she was unable to work because she could not drive a bus. (Doc. # 64-5 at 1-4). Her doctor recommended a leave of absence through December 24, 2018, and then Collins would attempt to return to work. (Id. at 3). Her doctor also noted that she may need a leave of absence of three months in order to obtain surgery. (Id.).
Collins was granted a three month leave of absence, but she never attempted to return to work. (Doc. # 64 at 145:24-146:1). Despite her request for leave and her doctor's certification, she testified in her deposition she could have performed the essential functions of the job at the time of this leave. (Id. at 146:13-15, 209:15-25). Specifically, whenasked if she was "able to perform the essential functions of [her] job" between November 27, 2018, and February 28, 2019, Collins responded "Yes." (Id. at 146:10-15).
In February 2019, Collins reported to her doctor that she had weakness and limited mobility in her left arm and that she could not use her arm often. (Doc. # 64-5 at 7-8). She testified that this mobility in her left arm did not...
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