In what circumstances will a plaintiff be able to do the work of an LPN without having to apply for workplace accommodation?
British Columbia, Canada
The following excerpt is from Thomasson v. Moeller, 2014 BCSC 2465 (CanLII):
Applying the analysis in Janiak v. Ippolito and the cases referred to above, I am not able to say on the evidence before me that it was unreasonable of the plaintiff not to apply for workplace accommodation. It does not appear that anyone at VIHA advised her of the policy or gave her any direction or information on the issue. There is nothing in the evidence to suggest the plaintiff was, or should have been aware of the possibility of an accommodation. Also, given the nature of the work of an LPN, it does not seem likely that it would have been easy to find the kind of accommodation the plaintiff required. The plaintiff can do the work of an LPN, but only for a reduced length of time. In all of the circumstances I find that the plaintiff has not failed to mitigate her loss by seeking a workplace accommodation.
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