United States Third Circuit
Schaar v. Lehigh Valley Health Servs., Inc., 09-1635
In plaintiff's suit against her former employer for violation of the FMLA, summary judgment in favor employer is vacated and remanded as an employee may satisfy her burden of proving three days of incapacitation through a combination of expert medical and lay testimony. Here, when expert medical opinion of a doctor that plaintiff was incapacitated for two days because of her illness is combined with plaintiff's lay testimony that she was incapacitated for two additional days, it necessarily follows that a material issue of fact exists as to whether plaintiff suffered from a serious health condition.
Appellate Information
- Decided 03/11/2010
- Published 03/11/2010
Judges
Court
- United States Third Circuit