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LOUISIANA RECORD

Thursday, March 28, 2024

Woman alleges wrongful termination due to disability from workplace injury

Workplace injuries accidents

NEW ORLEANS – A former employee of 201 Place St. Charles Corp. claims the company failed to recognize certain accommodations based on her workplace injury and wrongfully terminated her employment.

Marianne Gabb filed suit against 201 Place St. Charles Corp. in the Orleans Parish Civil District Court on Feb. 19.

On Sept. 11, 2013, the petitioner became injured while at her place of employment. Following the injury, the plaintiff underwent surgery on Feb. 7, 2014, which required rehabilitative therapy. This led to the petitioner filing a claim for workers'compensation benefits, which was granted.

In April 2014, the plaintiff was allowed to return back to work, however, under a single stipulation in which she was limited to “lifting 5 pounds or less.” Gabb allegedly relayed this message to her employers and continued by stating her exact limitations caused by the injury. However, the defendant claims she refused to allow the petitioner to return to the workplace unless she was 100 percent rehabilitated.

As a result, 201 Place St. Charles Corp. terminated Gabb’s employment in May 2014. The plaintiff contends her termination was discriminatory and retaliatory and further a condemnation of the petitioner filing for workers' compensation benefits.

The plaintiff is represented by Yvette A. D’Aunoy, Rebecca S. Miller and Jean Paul “J.P.” Morrell of the Middleberg Riddle Group.

The case has been assigned to Div. C Judge Sidney H. Cates IV.

Case no. 2015-01538.

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