Returning employees who are injured at work to their positions can leave employers navigating between “a rock and a hard place.” The often competing interests between obligations under the Americans with Disabilities Act competing with the workers’ compensation laws render most return-to-work situations a challenge. The recent decision of McGlone v. Philadelphia Gas Works, (PGW) No. 15-3262, 2017 U.S. Dist. LEXIS 7963 (E.D. Pa. Jan. 19), illustrates what is likely a typical scenario.
Knee Injury And Subsequent Return To Work
Patrick McGlone began his employment with Philadelphia Gas Works (PGW) in 1981. His last position was as a service specialist, working in the field and helping to train new technicians. In January 2012, he was servicing a customer’s heater when he injured his knee. He underwent surgery in mid-February and was released to return to work with restrictions in mid-May 2012. He applied for, and was granted, workers’ compensation benefits related to this injury.
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