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NY- workers comp/disability/termination issue

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  • NY- workers comp/disability/termination issue

    I have several problems. Am 42 years old and have worked at a major medical insurance company for over 16 years. My position as a clerrical/claims examiner had me at the keyboard for many years. I developed tendonitis in both wrists,forearms, shoulders and neck and have been out on short term disability for 26 weeks.
    Unfortunately due to a computer error years ago, my company is denying me long term disability (claims I waived coverage which I have been trying to fight unsuccessfully )and is now demanding that I come back to work on Feb 22. I am currently under a doctors care with and out of work indefinate note written.
    This is where it gets tricky as I am curently in a workers compensation case with this same employer- next board meeting is Feb 28th.
    Can I be terminated? Should I return to work against my doctors advice? Will I jeopardize my workers comp case if I do not return to work? My workers comp lawyer reffered me to a labor lawyer and he and I have been playing phone tag over this last week and getting no where .I have been frantic over what I should do.
    Thanking you in advance for any assistance or advice
    Last edited by nothavingfun; 02-20-2005, 06:41 PM.

  • #2

    If it your employer's practice to terminate a person after the same amount of time or less than you have been out, it is legal to terminate you. The reason is that you are unable to perform the job.
    Lillian Connell

    Forum Moderator


    • #3
      Thank you Lillian
      but what about my workers comp? If I do not go in tomorrow will I have problems with they comp case?


      • #4
        Workers Compensation

        Though it is the state who would need to say for sure, I would say that you should call your employer letting them know that you have not been released by your physician. Then follow this up with a letter, sent via certified mail with return receipt required, letting your employer know why you cannot come to work tomorrow.

        You may wish to confirm this with the state. I don't recall if you gave the state in which you are working. However, be aware that every state has its own workers compensation board.
        Lillian Connell

        Forum Moderator


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