Legal Question in Civil Rights Law in Louisiana
ADA suit
Diagnosed with carpal tunnel syndrome in 02/2000, personal injury form submitted to the railroad. Surgery to correct
02/2002, continued problems retested in 01/2004 carpal tunnel had returned, also diagnosed with diabetic neuropathy
02/13/2004 last day worked, submitted another personal injury form to the railroad. My doctors prescribed some restrictions that the railroad refused to honor and I applied for an occupational disability through the RR retirement board, which has been denied so far, but being appealed. The KCS railroad called me for an investigation for falsifying a company document (the second PI form) and dismissed from service on 11/12/2004. The company doctor's report indicates that accomodations should be made for my medical conditions and to consult my personal physician. I
received a letter from the KCS that their medical dept. does
not recognize my need for any accomodations or restrictions.
Do I possibly have an ADA lawsuit? I reside in Shreveport, LA.
1 Answer from Attorneys
Re: ADA suit
Dear LawGuru Friend,
You ask if you possibly have an ADA lawsuit, and I answer "yes". From reading your question posted I immediately thought that you need good legal counsel, someone that knows a lot about employment law. I do not know if Arthur Schechter of Houston is still practicing, but if he is, I suggest you discuss this matter with him. The members of His firm have always been extremely competent railroad lawyers, and I am sure that includes extremely competent employment lawyers as well. Perhaps you could use your coomputer and type out your situation and mail it to him and ask that he or some other member of his firm call you to discuss the case. Of course, Houston is a long way from Shreveport, but Schechter (pronounced SHEK TER) is the best lawyer in the fields that you need a lawyer in. YOu can tell him that I recommended him. Best of luck!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA