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Fired due to IME Illinois

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  • Fired due to IME Illinois

    I'm sure this will sound confusing to you because it has us confused as well.
    My husband was terminated on December 31 because the IME Dr. wrote in his report that my husband had reached MMI and was unable to climb up and down a ladder contiuously. During the time of the IME visit my husband was in work hardening therapy preparing himself to return to work and was released with no restrictions by his Dr. on February 12th. My Husband's Union is fighting wrongful termination and the insurance company has stopped paying my husbands workers compensation sicne he was released to return to work. He is not working because his employer states he is disabled and unable to perform his job. Should the insurance company still be paying my husband since his employer the company that hired the insurance company to handle my husbands workers compensation case terminated him due to their IME drs. findings?

  • #2
    You really need to discuss these issues with a attorney handling workers compensation claims in IL.

    There are too many factors surrounding a comp/injury claim to answer specific to your situation. Without actually seeing the file and/or Dr/IME's reports and having full knowledge of the claim... it's hard to tell whether benefits are due or not.

    There is no job protection in filing a claim for WC benefits. Only FMLA would provide job/benefits protection for up to 12 weeks/annum, if eligible.

    There is no law that requires a employER to keep his job open, or move another person to make a job available.

    What you have now in a disputed medical issue is likely to be litigated in the WC court. Your Dr saying one thing, "no restrictions", the IME offering the opposite opinion.

    As he has been released to return to work now, and the ER cannot make a reasonable accommodation if requested, he should/would be eligible for Unemployment Ins benefits and should apply as soon as possible.

    You may also need the atty services to resolve the claim in WC court. IL has a unique way in resolving WC claims.


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