Heart surgeon appeals dismissal of ADA lawsuit against hospital Rapid City Regional Hospital fired heart surgeon Paul Wojewski he alleges because of his manic depressive condition, diagnosed in 1996. Dr wojewski sued the hospital claiming it violated his Americans with Disabilities Act right. His lawsuit, filed last winter, said the hospital did not provide reasonable accommodations for his mental illness and did not follow its own policy on dealing with impaired physicians. In June, federal Judge Richard Battey ruled that Wojewski was an independent contractor so the ADA did not apply. Battey said the federal law protects employees but not independent contractors. Dr. W appeals to the 8th Circuit Court of Appeals.