Bus Mechanic Gives Finger to Exclusive Remedy By Robert Warne - April 2, 2003A Metropolitan Transportation Authority (MTA) bus mechanic has gotten some serious mileage out of just one finger claim. It was as smooth of a ride as could be until the Amalgamated Transit Union decided to hitch a grievance arbitration procedure to the claim.
Nadine Sutherland injured her finger in 1995. In 1997 she developed some additional problems with the injury and had surgery a year later. She took two short leaves in 1998 and 1999 and then took a two-year leave between 1999 and 2001.
Both her treating physician and a qualified medical examiner agreed that she could return to work if some modifications were made in her duties.
The MTA opted though to treat her as a qualified injured worker rather than modify her job.
In 1999 Sutherland applied for a disability retirement but was denied when the physician found no reason she couldn’t return to her regular work duties without restrictions.
Also in 1999 the transit union accused the MTA of bad faith in dealing with Sutherland’s injury and filed a petition for arbitration.
The MTA held it’s ground because it believed this was solely a work comp matter and not covered by the union’s grievance procedure.
The matter was brought before Los Angeles Superior Court Judge, Kenneth Freeman who denied arbitration.
On appeal, Presiding Justice Roger Boren ruled March 28 that a labor arbitration is not “an action at law for damages against the employer” and is not barred under Labor Code Sec. 3602.
With a workers’ compensation settlement and $35,000 in back pay, Sutherland’s small finger injury turned into a big claim that could get even bigger with the upcoming arbitration proceedings.
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