Caraballo v. City of Jersey City Police Department

Plaintiff Frank Caraballo joined the Jersey City Police Department (JCPD) as a police officer in February 1973 and became a detective in 1977. While on duty in August 1999, Caraballo sustained injuries to his hands, back, knees, and legs during a motor vehicle accident. The injuries to his knees were severe and became chronic. As a result of those injuries, Caraballo fluctuated between full duty, light duty, and paid sick leave throughout the remainder of his tenure on the police force. In August 2001, Caraballo filed a workers’ compensation claim related to the 1999 accident. He also underwent anterior cruciate ligament reconstruction surgery on his left knee. Over the next several years, physicians evaluated Caraballo to determine whether he required bilateral knee replacement surgery. On March 4, 2013, more than six-and-a-half years after he requested that the JCPD authorize knee replacement surgery, Caraballo settled his workers’ compensation claim. Shortly thereafter, he filed a complaint against the JCPD asserting a cause of action under the New Jersey Law Against Discrimination (LAD). Specifically, Caraballo alleged that the JCPD failed to authorize his knee replacement surgery and, therefore, failed to reasonably accommodate his disability. The trial court granted the JCPD’s motion for summary judgment, finding that even if the knee surgery could have qualified as a reasonable accommodation, the record contained several medical evaluations showing that Caraballo was unable to carry out the responsibilities of a police officer with or without the surgery. The trial court also found that Caraballo could not bring a viable LAD claim because he failed to enforce his right to have knee surgery in the workers’ compensation court. The Appellate Division reversed. According to the panel, the record contained numerous material factual disputes -- including why Caraballo retired without receiving knee surgery -- that should have been presented to a jury. The Appellate Division also concluded that Caraballo established a prima facie failure-to-accommodate case under the LAD. The New Jersey Supreme Court reversed, finding Caraballo’s failure to utilize the Act’s administrative remedies to obtain knee replacement surgery precludes his failure-to-accommodate claim under the LAD. In addition, Caraballo’s total knee replacement surgery cannot qualify as a reasonable accommodation under the LAD. View "Caraballo v. City of Jersey City Police Department" on Justia Law