She was terminated after she stayed out longer than her available Family and Medical Leave Act leave and the additional personal leave the hospital allowed.  When she wanted to go back to work she applied for two nursing positions at the hospital for which she had the necessary background and experience.  However, a note from her physician’s nurse indicated she was not able to meet the hospital’s physical abilities requirements for a floor nurse which were essential to the positions for which she had applied.  The nurse also told an individual in human resources that her physician did not want her to return to floor nursing.

    While her applications were pending to return to the hospital, the nurse settled her worker’s compensation case with the hospital for the second incident.  In addition to $33,000 for time loss the nurse received a lump sum of $88,000 for permanent partial disability, that is, compensation for being unable to return to the employment she had had as a hospital floor nurse at the time of her injury.  She had also received a partial disability settlement for the first incident years earlier.  When human resources learned of the second settlement the nurse’s applications for rehiring were dropped.