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SOUTHEAST TEXAS RECORD

Thursday, April 25, 2024

EMT injured while riding in ambulance claims she was denied accommodations during medical treatment

Lawsuits
Ambulance

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HOUSTON — A former EMT with the Montgomery County Hospital District (MCHD) who was injured while riding in an ambulance is claiming she was denied accommodations for her disability and illegally fired. 

Gloria Berg filed a complaint Aug. 4 in the Houston Division of the Southern District of Texas against Montgomery County against the MCHD alleging violation of the Americans with Disabilities Act. 

Berg, a 57-year old, began working for MCHD in November of 1997 as an EMT. 

According to her complaint, she was injured on Nov. 20, 2017, when she was riding in an ambulance and struck her head on the "interior" of the vehicle after the driver "abruptly applied the brakes." She filed workers compensation and underwent treatment for her injuries and in May 2018, she returned to work and requested physician-ordered accommodations. 

Berg claims MCHD "refused to give her restrictions that included going to part-time, reduced "production requirements" and "alternative work assignments." She alleges that on Aug. 17, 2018 the MCHD fired her under their "neutral termination absence policy" and claims it was applied to her in a "discriminatory fashion." 

Berg also claims other employees, mostly younger workers, were given "modified" job duties including one who was allowed a different job assignment not due to disabilities, but due to being charged with assault. 

Berg seeks monetary relief, interest and all other just relief. She is represented by Warren McCollum of Fenley & Bate LLP in Lufkin. 

Houston Division of the Southern District of Texas case number 4:20-CV-02715

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