Medlin v. Rome Strip Steel Co., Inc.

• Decision Date: 10 December 2003
• Docket Number: No. 5:01-CV-1520.,5:01-CV-1520.
• Citation: 294 F.Supp.2d 279
• Parties: Alexander A. MEDLIN, Plaintiff, v. ROME STRIP STEEL CO., INC.; Kirk Hinman; Roger Pratt; Walter Race; Corporate Health Dimensions, Inc.; Joann Catanzarita; Impact; and Cindy M. Bush, Defendants.
• Court: U.S. District Court — Northern District of New York

294 F.Supp.2d 279

Alexander A. MEDLIN, Plaintiff, v. ROME STRIP STEEL CO., INC.; Kirk Hinman; Roger Pratt; Walter Race; Corporate Health Dimensions, Inc.; Joann Catanzarita; Impact; and Cindy M. Bush, Defendants.

No. 5:01-CV-1520.

United States District Court, N.D. New York.

December 10, 2003.

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Alexander Medlin, Rome, NY, Pro se plaintiff.

Bond, Schoeneck & King, Attorneys for defendants Rome Strip Steel Co., Inc.; Kirk B. Hinman; Roger Pratt; and Walter Race, Syracuse, NY, Larry P. Malfitano, Esq., of counsel.

Martin, Ganitos Law Firm, Attorneys for defendants Corporate Health Dimensions, Inc. and Joann Catanzarits, DeWitt, NY, Michael C. Austin, Esq., of counsel.

Sugarman, Wallace Law Firm, Attorneys for defendants Impact and Cindy Bush, Syracuse, NY, Matthew D. Gumaer, Esq., of counsel.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Pro se plaintiff Alexander Medlin ("plaintiff") brings this suit against defendants Rome Strip Steel Co., Inc. ("RSS"), Kirk Hinman ("Hinman"), Roger Pratt ("Pratt"), Walter Race ("Race"),¹ Corporate Health Dimensions, Inc., and Joann Catanzarita ("Catanzarita"),² Impact and Cindy Bush,³ alleging disability discrimination in violation of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., and the New York State Human Rights Law, N.Y. Exec. Law §§ 290-301, and improper disclosure of confidential medical information in violation of the ADA, 42 U.S.C. § 12112(d).⁴

On June 30, 2003, RSS, Hinman, Pratt, and Race ("defendants") filed a motion for summary judgment on plaintiff's ADA claims pursuant to Fed.R.Civ.P. 56.⁵ (Docket Nos. 33-37.) Plaintiff opposed. (Docket Nos. 40-44.) The motion was taken on submit; no oral argument was heard. (Docket No. 45.)

II. FACTUAL BACKGROUND

Plaintiff began his employment with RSS in March of 1994. (Docket No. 35, ¶ 1; Docket No. 42, ¶ 1.) In 1999, plaintiff held the position of Hot Roll Slitter Operator. (Docket No. 35, ¶ 4; Docket No. 42, ¶ 4.) This position involved using hand tools that weighed up to thirty pounds, occasional handing of slitting knives, rubbers, and spacers that weighed up to thirty-two pounds, bending at the waist to pick up scrap weighing anywhere between twenty to fifty pounds, cutting strips with electric shears weighing up to forty pounds, pushing, pulling, turning, kneeling, standing or walking on concrete floors, and walking up and down stairs. (Docket No. 43, Ex. K; Docket No. 37, Ex. 1.). Plaintiff however, claims that this job description "is outdated, as modifications have been made to the [slitter] since 1997 to ease the physical requirements of the job[,] with extensive changes made since January 2000." (Docket No. 44, ¶ 4.)

On October 3, 1999, plaintiff was involved in a non-work-related accident. (Docket No. 35, ¶ 5; Docket No. 42, ¶ 5.) The day of the accident, Dr. Andrew Zaleski "treated plaintiff for back injuries consisting of a suspected coccyx fracture and compression fracture of his spine." (Docket No. 35, ¶ 6; Docket No. 42, ¶ 6.) He advised plaintiff to avoid "any bending, lifting or climbing stairs." (Docket No. 43, Ex. G.)

Starting on October 5, 1999, and continuing throughout the year, Catanzarita, the Corporate Dimensions Health, Inc. nurse contractually obligated to provide on-site medical assistance to RSS employees, began recommending that plaintiff start a physical therapy program for his injuries. (Docket No. 35, ¶ 12; Docket No. 42, ¶ 12.) Plaintiff claims, however, that Dr. Zaleski informed him that such therapy was neither necessary nor proper for his specific injury. (Docket No. 44, ¶ 12.) By letter dated October 7, 1999, the company notified plaintiff that he was approved to take the maximum twelve weeks of leave, beginning retroactively on the date of the accident. (Docket No. 43, Ex. F; Docket No. 35, ¶ 7; Docket No. 42, ¶ 7.)

Just over two weeks after the accident, on October 19, 1999, Dr. Zaleski noted that plaintiff "still [had] soreness ... with occasional swelling," and that he was "unable to bend and lift." (Docket No. 43, Ex. D.) Dr. Zaleski noted that plaintiff would be inquiring about the possibility of returning to work on light duty. Id. By November 12, 1999, Dr. Zaleski noted that plaintiff's condition was improving. (Docket No. 43, Ex. G.) Though plaintiff was allegedly "able to squat down without any great discomfort[,] ... he still complain[ed] of severe [back] pain." Id. Plaintiff claims that it was during this month, October of 1999, that he first suggested that he be assigned light duty and/or to a different, less physically strenuous position.

On November 23, 1999, Dr. Zaleski advised plaintiff to begin performing exercises while seated and while prone. Despite the improvements, the doctor noted that plaintiff at that time was still "unable to engage in his normal work as he is unable to lift, which is required on the job." (Docket No. 43, Ex. G.) Accordingly, he issued to plaintiff a slip stating that he was not to work until January 4, 2000. (Docket No. 43, Ex. U; Docket No. 37, Ex. 2.)

On December 13, 1999, plaintiff wrote a letter to Pratt, the manager at the RSS plant where plaintiff worked, asking for an extension of his leave. (Docket No. 43, Ex. L; Docket No. 37, Ex. 4.) Plaintiff indicated he was going to seek a second opinion. Id. By letter dated January 4, 2000, the company notified plaintiff that his leave would not be extended "due to business demands." (Docket No. 43, Ex. L; Docket No. 37, Ex. 5.) Plaintiff was informed that his "employment with [RSS] [would] be terminated unless [he] return[ed] to work on or before January 10, 2000, with a medical release from [his] physician stating [he][was] able to return to work." Id.

That same day, January 4, 2000, plaintiff went to see Dr. Zaleski again. The doctor noted that plaintiff had "been doing well," with no complaints of back pain and a progressive stabilization of the fracture. (Docket No. 43, Ex. G.) Dr. Zaleski allegedly reviewed with plaintiff his work duties, which the doctor noted involved lifting weights up to thirty pounds, reaching, and placing slitting knives and rubber spacers on arbors. (Docket No. 43, Ex G.) Satisfied with plaintiff's belief that he felt able to perform the duties, Dr. Zaleski issued to plaintiff a slip stating that plaintiff was fit to return to work without restrictions. (Docket No. 43, Ex. G; Docket No. 37, Ex. 6.)

Plaintiff gave the return to work slip to Catanzarita. She noted that plaintiff had "told [Dr. Zaleski] that he has to come back to work [without] restrictions, so [Dr. Zaleski] agreed." (Docket No. 43, Ex. J.) Citing plaintiff's lack of physical therapy or back exercise program, she voiced her concern that he was returning to work too quickly, "as [his] job [was] very physically demanding." Id. She relayed these concerns to Pratt, who concurred, and "sen[t] a job description to Dr. Zaleski to assure a clear understanding of what job the employee has to be released to return to, and possible safety concerns." Id.; Docket No. 43, Ex. K. The job description sent to Dr. Zaleski included all of the physical activities mentioned above, supra, that are required of a hot roll slitter operator. Plaintiff, as noted, disagrees that the description adequately portrays the job since, "a[s] of January 4, 2000[,] the Hot Roll Slitter Machine was equipped with a jib hoist, a rolling floor board (step), hydraulic shears, and [a] plasma cutter." (Docket No. 41, ¶ 26.) The fax also notified Dr. Zaleski that the company did not allow light duty in plaintiff's case. Id. At some point on this day, plaintiff claims to have again requested assignment to light duty or a different position. According to company policy, dated April 8, 1998, light duty work would only be granted to employees "injured on the job and out of work on worker's compensation[.]" (Docket No. 43, Ex. R.; Docket No. 37, Ex. 11.)

After speaking with Dr. Zaleski by telephone conference call, it was decided that a "functional capacity evaluation" ("FCE") would be conducted on plaintiff to determine his physical suitability to perform the functions of a hot roll slitter operator. (Docket No. 43, Ex. J.). The FCE was scheduled for the next day, and Impact was contracted to administer it. (Docket No. 43, Ex. J; Docket No. 43, Ex. G.) On January 5, 2000, plaintiff was administered the FCE by Impact representative Cindy Bush. "The goal of the evaluation was to determine if [plaintiff's] residual functional capacities met the known job demands of a Hot Roll, Slitter Operator." (Docket No. 43, Ex. L; Docket No. 37, Ex. 9.) Bush concluded that, while plaintiff demonstrated an "ability to perform lifting tasks within the Heavy category," "he was unable to maintain safe work practices or a heart rate profile required for the level of repetitions and duration for a complete Hot Roll Slitter setup." Id. Accordingly, it was recommended that plaintiff's return to work with no restrictions be delayed until after successful participation in physical therapy and another review. Id. Prior to the administration of the FCE, plaintiff signed a release, giving his "authorization for any and all information or data generated, [to] be made available in writing, verbally and/or video taped for a job analysis to all professionals that are involved directly in my case, for use in my rehabilitation." (Docket No. 37, Ex. 8.)

Plaintiff claims that he was informed of the results of the FCE, and specific findings therein, by co-employees before he found out from the company. Plaintiff alleges the co-employees were told this information by Race, his supervisor at RSS, at a meeting.

Dr. Zaleski noted that the FCE was conducted without plaintiff having the benefit of wearing a belt that he was required to wear at work when engaging in heavy lifting. (Docket No. 43, Ex. G.) However, in light of the FCE results, on January 7,...