Capizzi

Capizzi v. County of Placer

Good Law
135 F. Supp. 2d 1105·2001 WL 286000·11 Am. Disabilities Cas. (BNA) 1265·2001 U.S. Dist. LEXIS 3189
United States District Court, Eastern District of CaliforniaMarch 26, 2001CIV S-99-717 LKK/DADCalifornia3,549 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiff sues her former supervisor and her former employer for discriminating against her in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. This matter comes before the court on defendants’ motion for summary judgment. I decide the motion based on the papers and pleadings filed herein and after oral argument.

I.

FACTS

Plaintiff injured herself while carpeting the Placer County library in August or September of 1996. She was subsequently diagnosed with bilateral elbow tendinitis and given light duty assignments. On or about April 28, 1998, plaintiff took medical leave when her treating doctor determined that she was “permanently precluded from lifting over five pounds, no repetitive overhead lifting.”

The traditional treatment for bilateral elbow tendinitis consists of three stages. The first stage is modification and anti-inflammatory medication, icing and use of brace or physical therapy. The second phase is cortisone injections. The third phase is surgical treatment (tennis elbow release surgery). Ninety to ninety-five percent of patients with carpal tunnel syndrome and tendinitis get well with traditional treatment. Eighty-five…

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