Duff v. American Cast Iron Pipe Co.

This is an appeal by plaintiff, Phillip Duff, Jr. (Duff) from a judgment in favor of American Cast Iron Pipe Company (ACIPCO) denying employment reinstatement and back pay to plaintiff. We reverse and remand.

Duff was employed by ACIPCO in 1969. In 1972 he began to miss work due to psychological problems. In March of that year ACIPCO referred Duff to Dr. Cemil Cezayirili, a psychiatrist with the Frank Kay Clinic, pursuant to an (unwritten) agreement between ACIPCO and the clinic. Under that agreement any mentally disturbed employee who could not be treated by ACIPCO's medical staff was sent to…