A Westmoreland County woman is suing one of the region’s largest operators of senior living communities, accusing it of forcing her to work on the covid-19 wing when she was at high risk from the virus.
More than that, Dianne Corrie of Westmoreland City contends in her federal lawsuit that providing patient care was not in her job description when she was hired by Redstone Presbyterian Seniorcare.
According to the complaint, filed Tuesday in U.S. District Court, Corrie was hired as an RN Assessment Coordinator in January 2018. Her job included coordinating and overseeing the assessment and care planning process.
One of the reasons, the lawsuit says, Corrie applied for that position was because it did not involve direct nursing care but allowed her to “focus on improving the residents’ quality of care and life from an organizational perspective.” The lawsuit did not specify which Redstone facility employed Corrie.
Redstone Presbyterian Seniorcare, headquartered in Greensburg, is one of the biggest operators of senior living communities in the region, the lawsuit says, with three campuses, more than 500 units and about 250 employees.
John Dickson IV, president and CEO, said Wednesday he could not comment on Corrie’s lawsuit.
“I can tell you we proceeded appropriately,” he said.
Redstone’s director of nursing attempted to change Corrie’s job duties in September 2019 to include direct nursing, but she objected, according to the complaint. After a few meetings, Corrie was told her original job description would stand.
However, when the pandemic began, Redstone unilaterally changed Corrie’s job duties, requiring her to provide direct nursing care to residents, the lawsuit states.
“For Redstone, the covid-19 pandemic required constant adjustments to the day-to-day operations of the company to ensure that the virus did not spread amongst its residents and employees,” the lawsuit states.
Corrie’s medical history, including lymphoma, put her at high risk for developing serious illness if she contracted covid-19, the lawsuit says. It notes Redstone was aware of her medical history.
“Things grew worse when Redstone required Corrie to provide direct nursing care to residents located in the Eventide wing — a segregated area created for Redstone residents exposed to covid-19 or suspected of covid-19 exposure,” the complaint says.
On March 19, 2020, Corrie provided a note from her medical provider at the Veterans Health Administration identifying her as high-risk. The note suggested she be able to work from home during the pandemic.
However, Redstone never contacted Corrie’s physician, and they denied her request to work from home, the lawsuit claims.
The director of nursing “justified her decision by stating that she did not believe that Corrie was a high-risk individual,” according to the complaint.
The complaint says Corrie continued to work as the nursing coordinator at Redstone but grew more concerned because their “policies and procedures concerning covid-19 changed frequently and were not implemented on a uniform basis, which caused even more confusion among the employees.”
She was concerned the stress of managing her exposure to covid could trigger her epilepsy, the lawsuit states.
According to the complaint, on April 7, 2020, Corrie asked Redstone to be fitted for an N95 mask because she was working on the covid wing. The nursing manager refused her request “and stated that she would never be fitted for an N95 mask and would not be provided an N95 mask for work.”
Later, that manager asked Corrie to provide a note from her doctor concerning the need for an N95 mask. She did so, but, it appears, the mask never was provided, according to the complaint.
On April 29, Corrie told Redstone she’d be willing to perform direct nursing care anywhere except the covid wing.
In response, the lawsuit says, she was suspended. Two days later, she was fired, according to the complaint, for violations of the company’s employee conduct guidelines.
When she asked for clarification, Corrie was told it was “for insubordination due to her refusal to perform work tasks that were not illegal, immoral or dangerous.”
The lawsuit alleges a violation of the Americans with Disabilities Act and seeks lost wages and benefits and damages.
According to the Pennsylvania Department of Health, as of April 7, Redstone had 32 positive covid cases among residents and between one and four deaths attributed to the virus. The health department website has the specific number of deaths redacted. According to the health department, there also were 29 positive cases among staff.
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