Cobey v. Geren
424 F. App'x 209
4th Cir.2011Background
- Cobey, a fabric worker at Fort Myer CIF, suffered an on-the-job injury March 14, 2006 and returned March 16 with a physician’s (hard-to-read) note noting limitations and a three-week duration.
- Cobey was placed on light duty within about a week of returning to work.
- A March 22 consult indicated no limitations; a April 5 car accident occurred after which Dr. Doroski treated her for back injury.
- Cobey returned April 19 with a form listing a disability period from April 6 to April 18, 2006, with dispute over the end date and whether limitations were temporary.
- Cobey began orthopedic treatment a month later, filed an EEO complaint, and subsequently filed a federal Rehabilitation Act claim alleging disability and failure to accommodate.
- The district court granted summary judgment for Geren, and Cobey appeals, arguing she is disabled and entitled to accommodation; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cobey is an individual with a disability under the Act | Cobey has a substantially limiting impairment | Record shows temporary, non-permanent impairment | No genuine disability under the Act |
| Whether Cobey’s impairments were permanent or long-term | Impairments are long-term by duration | Records show temporary limitations with positive prognosis | Impairments not permanent or long-term |
| Whether the employer perceived Cobey as disabled | Supervisors knew her activities were limited | Notes showed end dates; no perception of permanent impairment | No evidence of permanent impairment perception by employer |
| Whether summary judgment was proper given potential material facts | There are disputes about duration and perception | Record insufficient to show disability as a matter of law | Summary judgment proper |
| Whether the Rehabilitation Act requires accommodation when no disability exists | N/A |
Key Cases Cited
- Pollard v. High’s of Baltimore, Inc., 281 F.3d 462 (4th Cir. 2002) (definition and evaluation of disability under ADA/RA; substantial limitation analysis)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1996) (summary judgment standard and genuine issue of material fact)
- Monumental Paving & Excavating Manufacturer’s Ass’n Ins. Co., 176 F.3d 794 (4th Cir. 1999) (standard of review for summary judgment in federal courts)