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Felonious Monk
10-08-2005, 08:40 PM
What is the name of your state? AL

Hello and thanks for this forum!
I am sole provider for my family of 5.
August '04, we relocated from our home of 25 years to take a job in a little Mayberry town with an big, stodgy old company.
My job included IT support of PC, Mac, Software installs and troubleshooting, and all peripherals--Blackberries, printers, etc.

The plan was to finish raising kids and be here until retirement, or at least for a long time to come.

End of June '05, I had an injury to my knee on the job and had to have surgery to repair the damage.
During the subsequent 8 weeks, I worked from home, via VPN.

At the end of 8 weeks, the doc released me to return to work BUT with permanent restrictions on what I can lift, carry, etc...
This essentially removes me from being able to install new PC's, haul off old ones, and carry them anywhere to be repaired.

Everyone at work suddenly stopped taking my calls, until last Thursday. My HR mgr calls and requests that I come and meet with her at her office on Friday.
I get there, she informs me the following:
- I cannot continue my current job, and they have nothing in the IT group to transition me into.
- I am being placed on a 90 day "job search leave of absence".
- My status will include employee benefits, but NOT salary.
- Instead, I will receive something called PPD, or Permanent Partial Disability.
- If there is no job within 90 days, I am GONE.

**She could not tell me HOW MUCH the PPD would be.
**She could not tell me WHEN my salary would stop and PPD would start, but ASSURED me it would not be soon.
**She offered to sit down weekly and review internal postings with me, hugged me, cried and suggested that regardless of whether I find another job with the company, I may be entitled to a settlement, and suggested I pursue some counsel from an attorney about that.

This is pretty devastating to us, since we homeschool 2 of our 3 kids, and I am sole breadwinner for our family.

I am amazed that they claim they cannot find another position in IT for me; I am bilingual and very good with client/user support and interaction.

The town is so small that there are VERY few other employers to look to, without driving AT LEAST an hour one way.
Also, if I take another job with the company outside of IT, it is highly unlikely that it will pay anywhere close to what I was earning in IT.

Advice? Suggestions?
I'm not bent on a lawsuit, but will pursue it if there is no other option.
I've never been in a situation like this before.

What should I expect? What preparations should I make?

Thank you in advance,
Monk

UPDATE: I found out this past Tuesday that PPD will only pay a couple hundred dollars per week! To add insult to injury, they made it retroactive to Oct. 1! What a crock. I'd be making more just drawing unemployment! :eek:

Beth3
10-10-2005, 09:32 AM
I don't see that the employer has done anything unlawful. All the PC support staff I've worked with have to regularly haul PC equipment around. If you can no longer do that, then it's quite likely that it was legal for your employer to refuse to reinstate you to work. If the employer continued your salary while you were on WC leave, they didn't have to do that. They could have had their WC carrier paying you TTD benefits all that time.

It sounds like you will be entitled to a permanent partial disability (PPD) settlement from the WC carrier when the doctors are agreed that you have reached end of healing. As the HR Director suggested, you may wish to consult with a WC attorney to discuss this and also whether you may be entitled to vocational rehab.

FYI, you can't sue an employer over a work related injury. You can file for a hearing with your State's WC Division if you believe you have been denied benefits that you are entitled to in AL's WC statutes or if you believe the employer has violated any WC regulations in failing to return you to work (although it doesn't appear that they have.)

* Find more information on Worker's Compensation.
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