Unformatted text preview: 's liquor store in Edgewater. Four months later, Chase injured her right leg and
back when she slipped and fell on a mop in the rear of the store. Chase filed a claim with
Walgreen's workers' compensation carrier. Chase missed work on an intermittent basis
due to the injury. When her physicians cleared her for return to work, they placed her on
bending and lifting restrictions.
Approximately, [**2] one year later, Chase had a second work injury. While under a
lifting restriction of twenty pounds or less, Chase's left leg gave way at work and she
landed on her right hip and thigh. Chase again filed a claim for benefits.
Again, almost one year later, Chase suffered a third work-related injury. Chase rose from
a seated position to a standing position and injured her back. Chase filed another claim.
Chase returned to work with some physical restrictions.
Although still employed by Walgreen, Chase filed a one-count complaint on August 6,
1998, alleging that in violation of section 440.205, Florida Statutes (1993), she suffered
retaliatory adverse employment action as a result of filing a valid worker's compensation
claim. Chase claimed that since filing her first claim for workers' compensation benefits,
Walgreen's management "adopted a pattern of retaliatory employment actions" which
included: (1) failing to comply with physician ordered work restrictions; (2) reducing
scheduled work hours resulting in decreased income and loss of eligibility for employee
insurance and other benefits; (3) refusing Chase's request for transfer to another store
located closer [**3] to her residence despite the open positions at that [*95] store; (4)
making changes to Chase's work schedule without prior notice "in an effort to depict
Chase as an absentee"; and (5) berating Chase in a "humiliating manner for pretextual
violations of company policy or practice." Chase sought economic damages, including
back pay and the value of any lost benefits with interest, and non-economic damages,
including "damages for mental anguish, humiliati...
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- Spring '08
- Supreme Court of the United States, Appellate court, Summary judgment