FOR IMMEDIATE RELEASE

June 12, 2014

Kraemer, Manes & Associates LLC has filed a complaint against Allegheny Lundlum, LLC on behalf of Daniel Osheskie in the United States District Court for the Western District of Pennsylvania.

The complaint alleges that during the Plaintiff’s employment with Allegheny Lundlum, LLC, Plaintiff suffered, and Defendant was aware that Plaintiff suffered, from a mood disorder that qualifies as a disability under the Americans with Disabilities Act. Plaintiff, after taking a period of paid medical leave away from work, was released to work by his treating psychiatrist, who wrote a letter to Defendant outlining reasonable restrictions on Plaintiff’s working hours and environment that would need to be made to accommodate his disability. Defendant then sought out a second, independent medical evaluation. The doctor who conducted this second evaluation agreed with the conclusions reached by Plaintiff’s treating psychiatrist. When Plaintiff’s paid medical leave expired, Defendant refused to provide the requested reasonable accommodations, and instead placed Plaintiff on Sick and Accident Leave, where he received only 60% of his salary. Plaintiff’s psychiatrist sent a second letter to Defendant stating that Plaintiff was cleared to come back to work given the reasonable accommodations that had already been discussed, but again Defendant refused to engage in accommodations discussions. Plaintiff was forced to come back to work without any of these accommodations put in place. After returning to his previous position, Plaintiff’s condition worsened, and he was hospitalized as a result. He was forced to take another paid leave from work, and then again was placed on Sick and Accident Leave where he received only 60% of his salary. Once his condition had improved, Plaintiff’s new psychiatrist sent another letter to Defendant clearing him for work given that the same reasonable accommodations mentioned in the first few letters were made. Defendant again refused to make such accommodations. As a result, Plaintiff is still on Sick and Accident Leave, and he is unsure what the future holds for his employment situation once such Leave expires.

Lead attorney on this case for the Plaintiff is Christi Wallace.  This case is docketed as 2:14-cv-00694-MBC.

The complaint alleges that the Defendant violated the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Pennsylvania Human Relations Act.

Kraemer, Manes & Associates LLC is a law firm headquartered in Pittsburgh focusing on business law, employment law, and litigation. The firm’s clients include small businesses, employers, employees, and parties in civil litigation. The firm has won significant judgments and settlements from regional and national defendants.

Additional information about this lawsuit can be obtained by contacting us at press@lawkm.com or (412) 626-5626.