Allegations of mismanagement of employee’s medical treatment for a work injury doesn’t give rise to a discrimination claim.
The plaintiff was injured in a work accident, and he acknowledged that the injury resulted in his inability to perform the essential functions of his job. He nonetheless filed a disability discrimination claim against his employer premised upon the assertion that his disability was due, in part, to mismanagement of his medical treatment for his work injury and by the medical professionals designated by the employer. In rejecting this claim, Judges Acurso and Gilson held that the plaintiff failed to state a claim, given his admission about his inability to perform his duties, and that any claim relating to his medical treatment had to be heard by the Division of Workers’ Compensation.
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