Thomsen
Thomsen v. Georgia-Pacific Corrugated, LLC
Opinion
Lead Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT
Plaintiff Jan Thomsen brought this employment disability discrimination action after his previous employer, defendant Georgia-Pacific Corrugated, LLC, terminated his employment. Pursuant to Federal Rule of Civil Procedure 56, defendant now moves for summary judgment on all of plaintiffs claims.
I. Brief Factual and Procedural Background
Plaintiff began working for defendant in approximately 1991 at its corrugated container plant in Madera, California. After injuring his shoulder while at work in May 2012, plaintiff went on workers’ compensation leave and returned to work in January 2013 after undergoing surgery on his left shoulder. (Thomsen Dep. at 24:12-19, 55:13-22.) At the time he went on leave, plaintiff had been working as a cut and die operator. (Id. at 21:8-11.) Defendant initially accommodated his disability by assigning him to a temporary position and then transferring him to a new position as an assistant end gluer. After working as an assistant end gluer, plaintiff claims he needed additional modifications to that position to accommodate his disability.