Dalton v. Manor Care of W. Des Moines Ia, LLC
| Decision Date | 13 November 2013 |
| Docket Number | No. 4:12-cv-00172 - JEG,4:12-cv-00172 - JEG |
| Parties | LUCINDA DALTON, Plaintiff, v. MANOR CARE OF WEST DES MOINES IA, LLC; MANORCARE HEALTH SERVICES, LLC; HCR MANORCARE, INC.; HEARTLAND EMPLOYMENT SERVICES, LLC; and HOLLY BENEDICT, DEAN HAGEN, and SCOTT KEEFER, Individually and in their Corporate Capacities, Defendants. |
| Court | U.S. District Court — Southern District of Iowa |
This matter comes before the Court on Cross Motions for Summary Judgment. Defendants Manor Care of West Des Moines Iowa, LLC (WDM Manor Care), ManorCare Health Services, LLC (MHS), HCR ManorCare, Inc. (HCR), Heartland Employment Services, LLC (HES), Holly Benedict (Benedict), Dean Hagen (Hagen), and Scott Keefer (Keefer) (collectively, Defendants), filed a Motion for Summary Judgment, which Plaintiff Lucinda Dalton (Dalton) resists. Dalton filed a Motion for Partial Summary Judgment, which Defendants resist. Also before the Court is Dalton's Motion to Strike Defendants' Reply filed in response to Dalton's Resistance to Defendants' Statement of Undisputed Facts. The Court held a hearing on the motions on September 6, 2013. Attorney Melissa Hasso appeared on behalf of Dalton; attorney George Wood appeared on behalf of Defendants. The matter is fully submitted and ready for disposition.
On April 26, 2013, Defendants removed this action to federal court asserting federal question jurisdiction based on Dalton's claim under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq. This Court has original jurisdiction over Dalton's federal claims pursuant to 28 U.S.C. § 1331 and supplemental jurisdiction over Dalton's state law claims pursuant to 28 U.S.C. § 1367.
Dalton was an employee of WDM Manor Care and HES; the parties dispute whether Dalton was also an employee of HCR and MHS. Benedict was the Administrative Director of Nursing Services (ADNS) at WDM Manor Care, and Dalton reported directly to Benedict while Dalton worked as a Director of Care Delivery (DCD) from September 1, 2010, to March 3, 2011. Keefer was Administrator and Hagen was Assistant Administrator at WDM Manor Care during the time Dalton worked there.
HCR is a privately-held company incorporated under the laws of the State of Delaware, with its principal place of business in Toledo, Ohio. HCR is a holding company and the parent company of many subsidiary companies, with nearly 60,000 employees working in over 500 locations nationwide. HCR is one of the nation's leading providers of long-term skilled, specialty, and subacute medical care; rehabilitation programs; and hospice and home health care services. HES is a wholly-owned subsidiary of HCR. HCR operates under the familiar trade names: Heartland Employment Services, LLC; Manor Care of West Des Moines IA, LLC; and Arden Courts. WDM Manor Care is a separate legal entity from HCR that operates a skilled nursing facility located at 5010 Grand Ridge Drive, West Des Moines, Iowa. WDM Manor Care leases its employees from HES.
Employees at the individual facilities are employees of HES,2 with facility administrators reporting to regional directors of operations. There are approximately 350 HCR subsidiaries, including WDM Manor Care. There is normally a separate company for each care facility, the vast majority of which are LLCs. The directors and officers of the facility companies overlap, including those at WDM Manor Care.
The policies and procedures at the subsidiary facilities, including WDM Manor Care, come to the facility through the HCR corporate structure. The HCR ManorCare Employee Handbook (Handbook) describes to the employees the general policies - including FMLA policies - of the company and is used at all of the individual facilities. The name "HCR ManorCare" appears on the cover of the Handbook and throughout the Handbook. Emp. Handbook, Pl.'s App. 115-31, ECF No. 76-5. A supervisory handbook sets forth guidelines for management to follow relative to what is in the Handbook.
On May 20, 2009, HCR sent Dalton a letter confirming Dalton's acceptance as a registered nurse with HCR ManorCare. Only the president of HCR has authority to enter into any employment contract with any employee working at a Manor Care facility. HCR provided Dalton with a Handbook that set forth HCR policies, which Dalton twice acknowledged receiving.
Tara Jenson (Jenson) was HCR ManorCare's Regional Human Resources Manager. One of Jenson's responsibilities was to answer questions from the facilities in her region regarding disability discrimination in the workplace as well as questions about the FMLA. Jenson conducted training at WDM Manor Care regarding personnel policies that came from the corporate HCR office in Ohio, and she was usually involved in suspension and termination decisions for employees at WDM Manor Care.
As Administrator of WDM Manor Care, Keefer oversaw the day-to-day operations of the facility and reported directly to Cindy Taplin (Taplin), the Regional Director of Operations for HCR ManorCare. The members of the governing body for WDM Manor Care were Keefer, Taplin, and Linda Newman (Newman), General Manager of WDM Manor Care. Newman was also General Manager of HCR's Midwest Division.
Dalton is a registered nurse licensed by the State of Iowa since 2003. On April 28, 2009, Dalton completed an application for a nursing position at WDM Manor Care. WDM Manor Care hired Dalton as a registered nurse on May 20, 2009. Dalton's nursing license was suspended in 2009 for reasons unrelated to her employment at WDM Manor Care; as a result of the suspension, WDM Manor Care terminated Dalton's employment on July 15, 2009. On March 11, 2010, after Dalton's license was reinstated, Dalton re-applied for a nursing position with WDM Manor Care. WDM Manor Care re-hired Dalton as a nurse on or about March 31, 2010. Benedict was involved in the decision to re-hire Dalton. Dalton was promoted to the position of DCD at WDM Manor Care in September 2010. As a DCD, which is a managerial role, Dalton was responsible for overseeing the work of staff nurses, and she was required to work whatever hours were necessary to complete her job duties - even if that meant working on evenings or weekends. By January 2011, Benedict had a number of concerns about Dalton's performance as a DCD.
On July 19, 2010, Dalton sought medical treatment from Karen Heffernan, P.A.-C (Heffernan), a physician's assistant (PA) at Parks Area Family Physicians complaining of edema.3 Heffernan has seen Dalton as a patient since May of 2010. Dalton visited Heffernan onOctober 20, 2010, complaining that she was feeling exhausted and tired, and that she had felt much worse over the last couple of weeks.
On December 23, 2010, Dalton again visited Heffernan, complaining about fluid retention, shortness of breath, and itching. Heffernan noted that Dalton had gained fourteen pounds in the last couple of days and had "pitting edema" on both lower extremities. Defs.' Resp. to Pl.'s Statement of Undisputed Facts ¶ 21, ECF No. 83-1. Heffernan prescribed Dalton medication for fluid retention. Heffernan saw Dalton again on December 29, 2010, as a follow-up to her leg swelling. Heffernan noted that Dalton was not doing any better, was short of breath, and had not lost any weight, causing Heffernan concern. Heffernan ordered a comprehensive metabolic profile and noted that Dalton had increased her use of pain medication due to increased joint pain and muscle pain.
On January 4, 2011, Dalton visited Penn Avenue Internal Medicine (Penn Avenue) upon Heffernan's referral. Dalton's examination that day indicated she was experiencing weight gain and edema of uncertain etiology. Dalton underwent laboratory testing at Penn Avenue to check her kidney function and thyroid. On February 10, 2011, Dalton had another appointment with Heffernan, at which time Heffernan noted that Dalton had gained forty pounds of fluid. Dalton called in sick to work on February 10 and February 11, 2011, per Heffernan's instructions.
On January 25, 2011, Dalton went to see a kidney specialist, Robert H. Leisy, D.O. (Dr. Leisy), for an initial consultation for her edema. At that time, Dr. Leisy noted that Dalton had been suffering with edema for the past two to three months in both of her legs, her abdomen, and her face, with an estimated thirty-pound weight gain. Dr. Leisy diagnosed Dalton as having stage one chronic kidney disease (Stage One CKD). Dr. Leisy explained that at Stage One CKD, the kidneys function at a normal to above normal level. Dr. Leisy saw Dalton at a follow-up visit on February 15, 2011, noting that Dalton's edema continued, but that she had modest improvement and had lost five pounds. Dr. Leisy instructed Dalton to follow up in two weeks.
According to Dalton, she began discussing her sudden significant weight gain, shortness of breath, and exhaustion with Benedict in October 2010. Benedict inquired about Dalton's test results, as Dalton explained that her medical providers were working to find a definitive diagnosis. Upon Dalton's request, Benedict granted Dalton some flexibility in her work schedule to attend medical appointments, as long as advanced notice was provided.
The only co-worker who testified having noticed Dalton's swelling was another DCD, Kathy Wood, who said she noticed it after Dalton removed her shoe and showed Wood. Wood also noticed that Dalton's hands and face were puffy. Wood knew Dalton was absent several times and testified that when Dalton would return to work, Dalton would inform Wood that she had been at a doctor's appointment regarding her edema. Dalton openly talked about her symptoms with many of the nurses. Dalton admitted that she never spoke with Keefer about her condition and does not recall speaking with Hagen about it.4 Dalton occasionally spoke with Benedict about her symptoms and admits that Benedict never made negative comments about Dalton's conditions and appeared to be sympathetic.
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