Mitchell also complained of pain in his right shoulder, and his doctor determined that an MRI of his right shoulder was necessary.Īs he had in the past, Mitchell brought the paperwork from his doctor’s appointment to Gay Papoi, a licensed practical nurse who worked in the occupational health department at Pilgrim’s. However, Mitchell still had to complete two more weeks of physical therapy. Mitchell’s doctor determined that Mitchell had reached maximum medical improvement for his left shoulder. Mitchell had a follow-up appointment with his doctor on August 31, 2015. Mitchell received the same hourly wage as before his surgery. Upon his return, Pilgrim’s assigned Mitchell to the picking room, where he picked feathers off chickens. Mitchell’s doctor ordered him to return to work two weeks later with restrictions on lifting and using his left shoulder. In January 2015, Mitchell had surgery to repair a rotator cuff tear in his left shoulder. joint arthritis bilaterally, and repetitive use injury.” In June 2014, Mitchell applied for workers’ compensation benefits for “bilateral shoulder pain.” After a series of medical appointments, Mitchell was diagnosed with “bilateral rotor cuff tendinopathy, impingement signs, mild a.c. Mitchell’s pain then got worse after he started hanging chickens again. Pilgrim’s transferred Mitchell to a light-duty assignment, but once he started feeling better, the company reassigned him to the live shed. In February 2013, Mitchell began experiencing shoulder and arm pain as a result of repetitive hanging. Mitchell was expected to hang twenty-eight chickens a minute, approximately one chicken every two seconds. As a live hanger, Mitchell used both hands to hang live chickens to shackles on the production line. When Pilgrim’s bought the plant in 2008, Mitchell was assigned to work as a live hanger in the live shed, where he reported to supervisor Kenneth Burnham and superintendent James Johnson. In 1991, Mitchell began working at a poultry plant in Live Oak, Florida. The district court granted summary judgment in favor of Pilgrim’s. Johnny Mack Mitchell sued his employer, Pilgrim’s Pride Corporation, claiming race and disability discrimination under Florida and federal law as well as interference and retaliation under the Family & Medical Leave Act. Lechner, Morgan & Morgan, PA, ST Augustine, FL, for Defendant - Appellee Tenley, Stites & Harbison, PLLC, Atlanta, GA, Eddie Travis Ramey, Burr & Forman, LLP, Birmingham, AL, Albert H. Dickens, III, Morgan & Morgan, PA, Orlando, FL, for Plaintiff - Appellant Nina Maja Bergmar, Christine S. Mattox, William Gautier Kitchen, Marie A. 19-13173 Decided: June 01, 2020īefore MARTIN, ROSENBAUM, and LUCK, Circuit Judges. PILGRIM’S PRIDE CORPORATION, Defendant-Appellee. Johnny Mack MITCHELL, Plaintiff-Appellant, v. United States Court of Appeals, Eleventh Circuit.
0 kommentar(er)
