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Hospital employee loses retaliatory discharge claim

Brenda Bradford left her job as a social worker at Hurley Hospital in 2004 after she was exposed to environmental hazards that compromised her asthma condition.  Her resulting workers comp claim was resolved in 2007 by a return to work.  Unfortunately, her work space flooded six months later and she suffered additional complications.  She left work and secured a doctor's excuse.  The doctor also recommended that she not return to work until the workspacereceived a government registered environmental check.  The Hospital refused to provide the latter inspection but did have the area professionally cleaned.   Radford briefly returned to work before filing a second doctor's excuse for ten days' absence.  When the workspace was never inspected, she did not return to work.  Hurley then terminated her employment. Radford sued, arguing that she was fired in retaliation for seeking a government inspection of the workspace and that Hurley's action constituted illegal discrimination based upon her disability.  The trial court disagreed and dismissed her claim and the Court of Appeals affirmed.  It held that she had failed to rebut the hospital's claim that she was simply fired for unexcused absences.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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