Michael P. Maslanka

  • Michael P. Maslanka
    Michael P. Maslanka is managing partner of the Dallas office of Constangy, Brooks & Smith. His e-mail address is mmaslanka@constangy.com. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He writes the “Work Matters” column for Texas Lawyer’s In-House Texas publication and records labor and employment podcasts that can be found at www.texaslawyer.com.

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« Want to learn how to say anything to anyone? Read this book. | Main | The lawyer as patient: learning the lessons of the doctor’s office »

January 28, 2013

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Now there's an interesting question...what if the underlying condition was "cured" by the treatment? Diabetics with severe conditions can have transplants; after the transplant, they are no longer diabetic.

Would they still qualify under ADA?

P.

I think no coverage because there is not even a chance of the condition popping up again. but a record of a disability and/or a regarded as claim are still viable. Mike

Actually, transplants do not necessarily "cure" the disease of diabetes. My father's transplant traded an unmanageable disease (end stage renal failure)with a manageable one (diabetes) which was managed by diet and medications. Also, once a person has an organ transplant, thier immune system are artifically suppressed, so any issues from that may also qualify under the ADA.

So, even with a transplant, there could still be an underlying issue or now a new disability to be dealt with.

Since when does a CPAP machine fix the health issue? It doesn't, its just a means of controlling it.

What is your take on the perception ofa dissability, assuming that the underlying condition was cured. It will be complicated to show that the employer did not act under this perception, especially if the employee does not disclose the "cured" stage of his illness...
J

J,
Your point is well taken. I think that in the next several years we will see that claim asserted with greater regularity. Mike

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