Thornton Mostul has represented and advised numerous clients regarding their rights under various federal and state statutes that provide protection to individuals who are disabled or have to periodically miss time off work due to their health conditions or the health conditions of family members.
For instance, we represented a railroad employee who was exposed to sulfuric acid fumes while performing his job duties. After being off work for several months, the injured worker’s doctor released him to return to work. However, the employer railroad refused to allow the injured worker to return to work, stating that it believed he could not safely perform his job. Thornton Mostul filed a lawsuit on behalf of the worker with claims under the Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination.
As a result of motions filed by Thornton Mostul, a federal judge ordered the employer railroad to produce the reports it had received from several doctors whom the railroad had sent the worker to for neuropsychological evaluations. The doctors’ reports confirmed that the worker could safely perform his job duties with minimal accommodations by the railroad. Shortly thereafter, the railroad agreed to pay a large amount to settle with the injured worker rather than to proceed to trial, where it would have faced a potentially even larger jury verdict.