Gilbert man who lost job during leave awarded damages

employment_law_bannerBy Ken Alltucker | The Arizona Republic

A federal court judge has ordered a water company to pay more than $58,000 in back wages and medical bills to a former delivery-truck driver who was not allowed to rejoin the company after taking medical leave for hip-replacement surgery, the U.S. Department of Labor said Tuesday.

The U.S. District Court in Phoenix ruled that Atlanta-based DS Waters of America Inc. must pay Peter Lyle $31,464 in out-of-pocket medical expenses and $26,871 in back wages. The company, which does business as Sparkletts, also was required to reinstate Lyle’s job. He declined the offer.

Lyle, 51, of Gilbert, had been a delivery driver for the company for about eight years when he no longer could function because of persistent hip pain. He requested, and the company approved, medical leave in December 2009 under the Family and Medical Leave Act to allow him to undergo hip-replacement surgery.

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If you’d like to discuss employment or health care law, contact David Weissman, director of the Rose Law Group Employment Law and Managed Health Care Law Practice, dweissman@roselawgroup.com

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