Wash. Court of Appeals published opinion — 857088.pdf

Related Parts of This Source

1,774 chars

argument fails because, although the record contains evidence that Bittner had

been diagnosed with anxiety and depression by January 2020, Bittner has not cited

any evidence in the record showing that Symetra’s actions caused him to be

diagnosed with anxiety and depression. Nor has Bittner identified any evidence

showing that he informed Symetra that he was suffering from anxiety and

depression when he took his medical leave in October 2019. Instead, the record

shows that Bittner’s disability related to gastrointestinal issues stemming primarily

- 25 -
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85708-8-I

from diverticulitis. Bittner solely referenced his gastrointestinal issues when

describing his disability in his complaint and summary judgment briefing below.

But no evidence indicates that Symetra’s actions caused Bittner’s gastrointestinal

issues. Thus, the record does not support Bittner’s contention that he became

disabled as a result of Symetra’s actions.

Second, Bittner contends Symetra replaced him due to performance issues

that Symetra knew were caused by his disability. In support of this contention,

Bittner points to an e-mail from December 2018 in which Fry criticized Bittner for

missing a meeting that Bittner claims to have missed due to diverticulitis. But the

text of the e-mail reveals that Fry’s concerns did not relate to Bittner’s diverticulitis

but instead to Bittner’s repeated failure to attend meetings without notice. In the

e-mail, Fry assured Bittner, “I am sorry that you were/are under the weather and

wish you a speedy recovery. I know that diverticulitis is not something to take

lightly.” Additionally, Bittner admitted in his deposition testimony that he missed