Adair v. City of Muskogee
Court of Appeals for the Tenth Circuit
1Opinion of the Court
PHILLIPS, Circuit Judge.
Robert Adair was a firefighter with the City of Muskogee, Oklahoma (the City) when he injured his back during a training exercise. As a result of his injury, Adair completed a functional-capacity evaluation that measured and limited' his lifting capabilities. After two years on paid leave, Adair received a workers’ compensation award definitively stating that Adair’s lifting restrictions were permanent. The same month he received his award, Adair retired from the Muskogee Fire Department (the Department).
Adair argues that his retirement was a constructive discharge —…
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