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Terminated while on Disability in CA. California

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  • Terminated while on Disability in CA. California

    Hello, my name is Brandon and I work as a Truck Mechanic in Los Angeles, Ca. On 03/06/2012 my doctor put me on leave due to Posterior Tibial Tendon Dysfunction (Severe Fallen Arches) and also arthritis in both feet, which is very painful. The doctor then gave me a Cam Boot, and I was told to either be put on light duty or disability. My employer could not cmpensate for moderate/light duty as Steel Toe Boos are required on site, and was then placed on FMLA. I did my follow-ups and on 04/05/2012, my doctor felt i would need more time and extended my leave until 06/23/2012 and so I turned my paper work in to my job. He also scheduled me for an MRI which I did around 04/18/2012. I had to call and reschedule an appointment with my doctor on 05/03/12 and he sent me out to see an orthodic specialist but stated no new changes. I met with the specialist 2 weeks after, as checked, fitted, and would later be called back to pick up a new brace. I went to see my employer on 06/11/2012 and was told to wait, but i explained i had an appointment for my new brace. I picked up mail and a my company sent a letter they have not recieved any doctor notes since 04/2012 which I had non so I went to get ANY FORMS at all or just dates of MRI and FITTING. When I went to turn in paperwork on 06/12/2012, my employer handed me a letter stating I was terminated due to inability to turn in or update with doctor visits as STATED IN COMPANY FMLA handbook. I was also VERBALLY told after the Terminal Manager spoke with Western Regional Manager, that due to my leave time, and overtime spending, they had to terminate my employment seeing that I am still questionable to return by 06/23/2012. My employee handbook under FMLA leave says nothing about updated forms from doctors, but I did so regardless with ANY CHANGE in condition. So my question now, WHAT DO I DO. I am cut from insurance. I am married and was/is the sole provider as my wife has been unable to gain employment, and I have a son to take care of. Not to mention these bill collectors whom keep calling and and our rent. Please Help me if possible.

  • #2
    FMLA is up to 12 weeks of unpaid job protected leave.

    Did you apply for/qualify for Ca SDI?

    Re your health ins., you should be receiving COBRA information.
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    • #3
      Originally posted by Betty3 View Post
      FMLA is up to 12 weeks of unpaid job protected leave.

      Did you apply for/qualify for Ca SDI?

      Re your health ins., you should be receiving COBRA information.
      I am currently receiving disability. But what am I to do now. My foot is not 100%, my bills are pouring in...will my doctor still see me? What should I do now, should I call Kaiser (hospital)and speak to them in regards to my situation. Is it smart to apply to other jobs or is there a wait time?

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      • #4
        Your 12 weeks were long over by the time your employer terminated you, which is legal. Short term extension can be reasonable under ADA, but indefinite ones or ones which are of an uncertain duration are not. Did you actually requset an accommodation under ADA or an extension of leave? It sounds like they did not hear from you after early April. Employers are not mind readers.

        Regardless, you are receiving SDI. If you are capable of working now, then by all means look for a job. SDi is only meant to compensate you while you are medically disabled from working, not while you are unemployed for other reasons. UI might pick up if you are able to work and actively looking.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          work as a Truck Mechanic
          Tendon Dysfunction (Severe Fallen Arches) and also arthritis in both feet, which is very painful.
          You should discuss with your Dr whether this condition may be a CT/Cumulative Trauma injury due to your job function. Standing/walking over long periods of time may be the underlying factor here...and a compensable workers compensation claim.
          If your Dr can provide the medical reasoning and evidence (substantial reporting), you should file a DWC Form 1 "First Report of Injury" with your employer. The form is here, with instructions on how to file http://www.dir.ca.gov/dwc/DWCForm1.pdf

          Additional Fact Sheets for Injured Workers are here http://www.dir.ca.gov/dwc/iwguides.html

          ...will my doctor still see me? What should I do now, should I call Kaiser (hospital)and speak to them in regards to my situation.
          Yes, contact Kaiser... as a rule, once a claim is filed for a specific injury/illness, the policy covers THAT claim, until you are released by your Dr. Whether or not the premiums must be paid is debatable. Many times a carrier will cancel on a beneficiary, but continue with an open claim coverage. Contact Kaiser immediately. You may or may not owe COBRA premiums, for this claim.
          I am currently receiving disability. But what am I to do now. My foot is not 100%, my bills are pouring in.
          Your SDI should be appx 80% of your gross qualifying wages. These benefits are tax free. (UI is taxable however)
          It would be wise to contact your creditors, BEFORE they contact you if you are behind on payments. Many times a creditor will cooperate with you while you are on disability, though the interest will continue to be applied. Contacting them first, including your landlord, shows responsibility for your debts vs them contacting you first.
          I am married and was/is the sole provider as my wife has been unable to gain employment, and I have a son to take care of.
          No one ever wants to do this, but contact your County Dept of Social Services and see what other benefits you/your family may be eligible for.
          AFDC, food stamps, SSI possibly... they will know and help with the applications.

          In the meantime... contact your Dr about filing the workers compensation. If the Dr feels this is work related, HE actually must NOT bill your group health plan, or you, but contact the employer and file a claim.

          Comment

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