ALJ LEE ROMERO JR. DENIES DISCRIMINATION CLAIM MADE BY EMPLOYEE

Joseph R. Egland v. P.C Pfeiffer
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Excerpts

The unresolved issue presented by the parties is whether Employer discriminated against Claimant in violation of Section 48(a) of the Act by refusing to return Claimant to full-time employment because he filed a claim and/or testified in a formal hearing against Employer.

Employer argues that Superintendent Donofry did not know

that Claimant had returned to work. Employer asserts that the

Texas Workforce Commission form completed by Dr. Masson fully

released Claimant only for his left shoulder. Dr. Cotler, to

whom Dr. Masson referred Claimant, was treating Claimant’s neckand back injuries and has not released Claimant to return towork. Dr. Masson deposed that he allowed Claimant to return to

work to give him a try and released him only for four hours of

work per day. Employer argues such a release is not a full

release and Employer was not obligated to return Claimant to

work under such circumstances. Employer also contends that

there has been no showing that Employer refused to take Claimant

back to work for an illegal motive or to discriminate against

Claimant.

Conclusion

Here, no modification of the original Decision and Order

has been requested. Claimant continues to receive permanent
partial disability compensation and ongoing medical benefits
from Employer pursuant to that Decision.
Based on the foregoing, I find and conclude that Claimant
did not carry his burden of proof and persuasion that he was
discriminated against by Employer because he filed and pursued a
compensation claim, or for any other reason protected under the
Act.