Denison school employee injures arm, claims termination violates disabilities act

Michelle Keahey, East Texas Bureau Jul. 11, 2011, 8:25am

SHERMAN - A Denison school employee has filed a lawsuit that claims she lost her job after filing a workers compensation claim for an arm injury.

Claiming violations of the Americans with Disabilities Act, Bobby Wagoner filed suit against the Denison Independent School District on June 23 in the Eastern District of Texas, Sherman Division.

According to court documents, Wagoner worked for DISD in food service at the B. MacDaniel Middle School until her termination in June 2010.

In September 2009, Wagoner injured her arm while lifting a large mixing bowl and filed a workers compensation report. She wore an arm brace and continued to do her job, the lawsuit claims.

In June 2010, Wagoner states she was asked to come in and sign papers regarding her workers compensation claim. When she got there to sign the papers, she was fired and alleges she was told it was because "she was sick too much."

Wagoner claims she was terminated in violation of the Americans with Disabilities Act and in violation of the Texas Labor Code.

The plaintiff is seeking an award of damages for mental anguish, punitive damages, attorney's fees, court costs and interest.

Wagoner is represented by Sherman attorney Ronald R. Huff. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00385

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