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Appellate Law

: Appellate Law and Practice

CA1: reasonable accommodation issue creates question of fact

By S. COTUS

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Enica v. Principi, No. 06-2187 (10/6/08). This is an ADA case. The plaintiff is a nurse that can?t lift heavy things due to a medical condition. First the first finds that an earlier administrative proceeding was not entitled to preclusive effect, because they didn?t address whether a reasonable accommodation was made. Although the defendant (the VA) engaged in an ?interactive process? the First says that it is a question of fact as to whether a reasonable accommodation was made for the plaintiff. Before remanding, the First rejects the retaliation claim.

Full post as published by Appellate Law and Practice on October 07, 2008 (boomark / email).

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