United States Eighth Circuit

There is no inconsistency between plaintiff's successful application for permanent disability benefits under Minnesota's Public Employees Retirement Association plan and his ADA claim that he could perform the essential functions of his job, with or without reasonable accommodation. The physician's opinion on plaintiff's application for disability benefits is not a sworn statement by the plaintiff. The district court erred in granting summary judgment in favor of the defendant.

Appellate Information

• Decided 02/26/2004
• Published 02/26/2004

Judges

• LAY, Circuit Judge., Before MURPHY, LAY, and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James G. Ryan, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Caroline M. Bachun, argued, Minneapolis, MN, for appellee.