Drain v. Betz Laboratories, Inc

In Drain v. Betz Laboratories, Inc. (1999) 69 Cal.App.4th 950, the plaintiff brought suit against his former employer alleging racial harassment and wrongful termination. ( Id. at p. 952.) The plaintiff contended that his employer "should have accommodated his disability by giving him a light duty position because it had done the same for White employees. The evidence propounded by respondents in support of summary judgment established that after receiving compensation for short-term disability for six months, appellant presented a claim to his employer for long-term disability benefits in which he swore he was disabled from performing all of his duties and a physician's report which found him disabled from 'any occupation.'" ( Id. at p. 958.) Based on these representations, the appellate court concluded that the "inconsistency in the positions taken in the disability proceeding and the current lawsuit supports the trial court's application of the judicial estoppel doctrine." ( Id. at p. 960.)