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Court hears disability‑discrimination appeal over honorary status and alleged failure to accommodate

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Summary

Stephen Korn appealed denial of factual disputes at summary judgment on disability‑discrimination and related claims against Brigham and Women’s Hospital, centering on whether Korn remained an employee after shifting to disability and honorary status and whether statute of limitations bars parts of his claims.

The Appeals Court heard argument in 2024P421, Stephen B. Korn, M.D. v. Brigham and Women’s Hospital and others, over whether summary judgment was appropriate on disability‑discrimination, failure‑to‑accommodate and related common‑law claims. The appeal raises two principal issues: (1) whether Korn remained an “employee” after moving to disability status and receiving an honorary appointment but continued to receive employer‑paid health insurance and retirement contributions, and (2) whether portions of his claims are time‑barred.

Counsel for Dr. Korn, Dana Kernhan, said a reasonable factfinder could determine Korn remained an employee because he…

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