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Claim denied...appeal hearing 8/3 West Virginia

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  • Claim denied...appeal hearing 8/3 West Virginia

    I am writing in regards to my husband's upcoming appeal, hoping to get any advice on our chances or how to proceed.

    My husband has been diagnosed as a compulsive gambler and has been in treatment since December of 2005, we have the evaluations to document this. He often slips into depression when he succombs to his impulses and it is hard for him to get out of bed. His employer is aware of his condition, I myself having spoken with him about it extensively, as well as my husband. During these lapses, my husband would use his sick days. After his last bout in mid-June, he was fired by his boss who stated that he did not call in on the 2nd day (he did, he just did not speak directly to his supervisor). This is what he told WC when my husband filed, and benefits were denied. I was advised from a family member who is a labor lawyer that because of my husband's documented diagnosis, that he has grounds for an appeal. Based on this we filed and the hearing is tomorrow. Any advice on how to proceed? Thanks in advance.

  • #2
    Are you sure you mean W/C? Workers compensation is limited to medical conditions that are CAUSED BY his employment. He would not be entitled to workers compensation for what you describe. Are you sure you're not asking about unemployment?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If, as cbg points out, you are referring to unemployment and not workers comp, then I think you may have an argument. However, until you are more clear on what forum you have a hearing in I will withhold my opinions.

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      • #4
        If this is a WC hearing, good luck as I don't see how gambling could possibly be work related. Even if he worked at say, CharlesTown, it wouldn't be covered.

        If itis UC, then he might be able to get benefits assuming he is ready, willing and able to seek and accept suitable employment.
        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
          Thanks for the replies, and sorry for inaccurate reference. Yes, I meant unemployment.

          ElleMD...he as been actively seeking work, and has already had several interviews.

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