Prieto

Prieto v. LOYOLA MARYMOUNT UNIVERSITY

Good Law
132 Cal. App. 4th 290·2005 Cal. App. LEXIS 1372·2005 Daily Journal DAR 10682·33 Cal. Rptr. 3d 639·2005 Cal. Daily Op. Serv. 7850
Court of Appeal of CaliforniaAugust 30, 2005B172366California2,761 words

Opinion

Opinion

Flier, J.

The trial court denied appellant’s motion to vacate the judgment dismissing appellant’s complaint. We affirm.

FACTS

Appellant Rebecca Prieto was working as an assistant bursar for respondent Loyola Marymount University when she developed carpal tunnel syndrome. After respondent made some accommodations for appellant that did not relieve the problem, appellant went on workers’ compensation leave in April 1998. Respondent’s leave policies provided for leaves of absence not to exceed six months, but appellant remained on leave for over three years.

Twice during the year 2000, appellant’s physician submitted reports to respondent that described appellant’s capability to perform keypunch duties as limited. During this time, respondent attempted to find work for appellant that she could perform, and provided her with vocational rehabilitation benefits to train her to perform different work. Respondent finally offered a position to appellant as an account specialist, but her physician opined that she could not do the work.

Appellant settled her workers’ compensation claim in May 2001. Respondent terminated appellant in June 2001 because, according to respondent’s human…

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