In May 2011, I tore my left rotator cuff. June 10, I was seen by an Ortho Dr. (insurance company referral) who released me to sedentary duty. My employer accommodated me. On July 29, when I was again released to sedentary duty, suddenly the employer could not accommodate the restrictions. I was forced out on disability. After an MRI, the PTP confirmed significant damage but upgraded my restrictions to light duty. The employer still claims they cannot accommodate me.
The only "undue hardship" on the employer is that two other management staff are now working more hours to cover my shifts. During the 7 weeks of sedentary duty, my immediate supervisor reassigned heavy lifting to other employees with no disruption of operations and no "undue hardship" on the employer.
Can I file ADA ?I am on WC disability but still have not received any benefits since July 30th. The Ortho Dr. has said that even if I have surgery, he could not release me to full duty with the extent of my injury as I would not be restored to pre-injury status.