A former employee of the radiology unit at Akron General Health and Wellness Center in Stow, Ohio has won an arbitration award totaling more than $100,000 from a wrongful termination lawsuit she filed against the health system in 2010, according to a Beacon Journal news report.
Denise DiFrangia, who had worked for Akron General as a CAT scan and x-ray technician for 10 years, was terminated by the health system for using the fitness center during her lunch break when it was closed for the day, according to court documents. Although Mr. DiFrangia admited to using the fitness center during her break, she countered that she "walked the track and shot baskets" and "never used the work out machines or swimming areas," according to the news report.
The court arbitrator said she could not see how walking the track and shooting baskets put any patients at risk and awarded Ms. DiFrangia more than $100,000 in back pay, lost health benefits and two additional years of pay. The arbitrator also concluded that, although evidence showed Ms. DiFrangia sometimes overstayed her breaks by as many as 20 minutes, she should have received progressive discipline, according to the news report.
The arbitration hearing was held in June 2010 and the award doled in August 2010. Earlier this month, a county court judge ruled that "the arbitrator had the authority to make an award that was binding on both parties." Akron General has since filed a request to vacate Ms. DiFrangia's award, and the same county court judge will hear arguments from both sides at a future date. Akron General has not disclosed any other comments per its policy regarding ongoing lawsuits.
Read the news report about Akron General's wrongful termination lawsuit.
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Denise DiFrangia, who had worked for Akron General as a CAT scan and x-ray technician for 10 years, was terminated by the health system for using the fitness center during her lunch break when it was closed for the day, according to court documents. Although Mr. DiFrangia admited to using the fitness center during her break, she countered that she "walked the track and shot baskets" and "never used the work out machines or swimming areas," according to the news report.
The court arbitrator said she could not see how walking the track and shooting baskets put any patients at risk and awarded Ms. DiFrangia more than $100,000 in back pay, lost health benefits and two additional years of pay. The arbitrator also concluded that, although evidence showed Ms. DiFrangia sometimes overstayed her breaks by as many as 20 minutes, she should have received progressive discipline, according to the news report.
The arbitration hearing was held in June 2010 and the award doled in August 2010. Earlier this month, a county court judge ruled that "the arbitrator had the authority to make an award that was binding on both parties." Akron General has since filed a request to vacate Ms. DiFrangia's award, and the same county court judge will hear arguments from both sides at a future date. Akron General has not disclosed any other comments per its policy regarding ongoing lawsuits.
Read the news report about Akron General's wrongful termination lawsuit.
Related Articles on Hospital Lawsuits:
Poll: Fear of Lawsuits Drives Number of Tests Ordered for 44% of Emergency Physicians
Mississippi Hospital's 2009 Lawsuit Against Quorum Health Resources Still Pending
Number of Medical Malpractice Suits Plummet Following Passage of Tort Reform