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Suffering From Frostbite at Work? Be Aware...That Might Not Trigger an ADA Claim if the Employee is Terminated


Wilson v. Iron Tiger Logistics, Inc. - United States Court of Appeals, Third Circuit


Facts:  Robert Wilson ("Wilson") worked as a truck driver for Iron Tiger.  While delivering trucks in approximately -25 degree weather in Canada in 2010, Wilson experienced frostbite on several fingers.  Wilson returned to work after a bit of time with a few doctors' restrictions.  Of note, Wilson was to avoid prolonged exposure to cold and be able to warm his fingers immediately upon feeling pain in his fingertips.  Iron Tiger apparently instructed Wilson to wear gloves, take breaks to warm up his hands, and use customers' indoor facilities to warm up as needed.

After Wilson refused to make a delivery to Ottawa, he was terminated.  Wilson subsequently brought a suit for disability discrimination on the grounds that Iron Tiger violated the Americans with Disabilities Act ("ADA") when it terminated his employment.  Iron Tiger moved to dismiss Wilson's claim on the basis that his frostbite did not render him "disabled" under the ADA.  The district court agreed and held that Wilson had not established a "disability" under the ADA.

Holding:  The Third Circuit affirmed the lower court's ruling on the grounds that Wilson had failed to submit sufficient evidence to establish he was substantially limited in a major life activity.  Note, to establish a disability under the ADA, a plaintiff must show that he or she has a physical or mental impairment that substantially limits one or more major life activities.  

The Court pointed to the fact that based upon the evidence, Wilson's frostbite pain occurred only occasionally and he was still able to maintain full function of his hands.  In addition, Wilson had apparently admitted that when he returned to his position at Iron Tiger, he worked as if "he hadn't skipped a beat."  In this instance, the lack of evidence presented in regard to Wilson's condition (coupled with the fact that he had very limited restrictions from his doctor) doomed his ADA claim.

Judgment:  The Third Circuit upheld Iron Tiger's motion to dismiss Wilson's claim on the grounds that Wilson had failed to establish a valid disability under the ADA and therefore could not proceed on a disability claim against Iron Tiger as a result.

The Takeaway:  This was a very interesting case to read.  As with many opinions I come across, this one came down to the fact that Wilson simply could not produce sufficient evidence to show he suffered a physical or mental impairment that substantially limited one or more major life activities.  From the evidence in the record, while there might have been some discomfort for Wilson and minor disruptions to his life as a result of the frostbite, he simply could not meet the minimum threshold to qualify for protection under the ADA.  As a result, because of this inability to establish a recognized disability under the ADA, the Court had no choice but to uphold the lower court's dismissal of Wilson's claim.  

Claimants, take note!  In order to proceed with a disability claim and avoid a motion to dismiss, make sure you have sufficient evidence to establish the actual existence of a disability...as recognized under the ADA.

Majority Opinion Judge:  Judge Rendell

Date:  October 28, 2015

Opinion:  www2.ca3.uscourts.gov/opinarch/144470np.pdf

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