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8th Circuit Says Injured Worker Failed to Assert Viable Disability Discrimination Claim

By WorkCompCentral

Friday, December 7, 2018 | 163 | 0 | 51 min read

A federal appellate court ruled that an injured worker could not assert a viable disability discrimination claim against the employer that fired him from a position with physical demands that exceeded his permanent medical restrictions. Case: Denson v. Steak 'n Shake, No. 18-1039, 12/03/2018, published. Facts: Garry Denson broke his hip in 2010 and underwent total hip replacement surgery. After he reached maximum medical improvement in 2011, Denson’s surgeon imposed permanent restrictions that limited him to performing sedentary work. The surgeon also prohibited Dens...

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