Disabled employee can't have it both ways

An employee who was injured at work filed a claim for workers compensation in which she said she was totally disabled. She then filed suit under the Americans with Disabilities Act, claiming that the employer discriminated against her by terminating her employment when she was unable to return to work.

The federal Ninth Circuit Court of Appeals held that the ADA only prevents discrimination against people with disabilities who are able to work. Since she claimed in the workers comp papers that she could not work, the employer had no obligation under the ADA.

Yes, this makes absolute sense. But now a court has said it.

Case Excerpts

In applying for workers' compensation temporary total disability benefits in November 1990, plaintiff necessarily asserted that she was unable to work.

Plaintiff and [her employer's] insurer settled her workers' compensation claim when the insurer agreed to pay total temporary disability benefits. The workers' compensation appeals board approved the settlement, and plaintiff received total temporary disability benefits from January 28, 1991 until March 30, 1993.

Judicial estoppel, sometimes also known as the doctrine of preclusion of inconsistent positions, precludes a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position.

The policies underlying preclusion of inconsistent positions are general considerations of the orderly administration of justice and regard for the dignity of judicial proceedings. . . . Judicial estoppel is intended to protect against a litigant playing fast and loose with the courts. . . . Because it is intended to protect the dignity of the judicial process, it is an equitable doctrine invoked by a court at its discretion.

RISSETTO v. PLUMBERS AND STEAMFITTERS LOCAL 343, ___ F3d ___, 96 C.D.O.S. 6439 (No. 94-15724, 9th CA, August 29, 1996)

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Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.