Wellington

Wellington v. Lyon County School District

Good Law
187 F.3d 1150
United States Court of Appeals for the Ninth CircuitAugust 23, 1999No. 97-17366California2,484 words

Opinion

Lead Opinion

Nelson, J.

Michael Wellington appeals the district court’s grant of summary judgment in favor of the Lyon County School District (“School District”) on his claim that the School District violated the Americans With Disabilities Act of 1990 (the “ADA”), 42 U.S.C. §§ 12101-12231 , when it terminated his employment. We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

I.

Wellington was hired to perform maintenance for the School District in 1989. In August 1992, he developed carpal tunnel syndrome due to the repeated motion with tools and pulling on his wrists that he *1152 encountered in his maintenance position. The carpal tunnel syndrome caused pain, weakness and numbness in Wellington’s hands, arms and shoulders. In September 1992, Wellington went on worker’s compensation leave under the Nevada State Industrial Insurance System (“SIIS”).

For the first few months Wellington was on leave, he regularly golfed and bowled. Wellington’s doctor then advised him to not participate in these activities, and Wellington stopped. In January 1993, Wellington underwent surgery to alleviate his condition, and in March 1993, he was released by his doctor to return to work.

By August 1993,…

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