Jenkins v. County of Riverside
Filed 3/23/06 Jenkins v. County of Riverside CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| EVELYN JENKINS, Plaintiff and Appellant, v. COUNTY OF RIVERSIDE, Defendant and Respondent. | E037030 (Super.Ct.No. RIC360561) O P I N I O N |
APPEAL from the Superior Court of Riverside County. Stephen D. Cunnison, Judge. Affirmed.
Roth & Roth and Diane Catran Roth for Plaintiff and Appellant.
Lewis, Brisbois, Bisgaard & Smith, Gail F. Montgomery; Arias Aaen and Christopher D. Lockwood for Defendant and Respondent.
Plaintiff and appellant Evelyn Jenkins was employed as a temporary employee by defendant and respondent County of Riverside (County). She alleged that after becoming disabled she was denied accommodation and wrongfully terminated. The trial court granted the County's motion for summary judgment and gave judgment in favor of the County. We affirm.
FACTS AND PROCEDURAL HISTORY
Plaintiff was originally hired in 1992 as a temporary County employee in the position of Office Assistant II (OA II). She worked full time in the medical records department of the County hospital. Her initial task was to file old fetal monitor records which had piled up in the basement of the County medical building. Plaintiff was also trained in the general duties of the medical records department, and, once the backlog of fetal monitor files had been cleared away, her time was occupied with pulling medical charts and filing medical charts.
Pulling charts would consist of taking medical charts from shelves in a central storage area, or tracking down charts if they were not on the shelf. Plaintiff would pull hundreds of charts in a day. Some charts were heavy, about the weight of a heavy book. Some charts had multiple files, up to two inches in thickness. Plaintiff would sometimes carry more than one chart at a time. Filing charts required plaintiff to replace the charts in the central filing system. Plaintiff would file perhaps 30 to 40 charts per day.
In 1996, plaintiff injured her right wrist while lifting charts out of a box. She filed a workers' compensation claim for her injury. She had surgery to treat the carpal tunnel injury to her wrist. Plaintiff was off work after the surgery for a â€
