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PA what can i do?

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  • PA what can i do?

    Bear with me this is a lot of information. Thank you for any help!
    I am a TSS (Theraputic Staff Support) and have worked for 4 1/2 years for a company that is run by a private person but bills the state for the wraparound services that we give, this accounts for about 99.9% of the money the comes into the agency.
    I hurt my right shoulder in June 2005 by a client. I went to the doctor and put on restrictions of no climbing, no repetive motion, no prolong sitting. I was told by the HR director that i had to get my 35 hours a week or lose my benefits but because of doctor appt and PT i would miss time. I was told that i had to use my personal and annual time to cover the missed time, because if i don't get the 35 hrs then i will have no health coverage and also i would not get full paychecks. So i did filing at the office which is against my restrictions so the pain in my shoulder increase. I spoke to my doctor about this and he told me that he did not want me do any filing. i spoke to HR director and it was okay. Since the school year was starting i was able to get close to 35 hrs. I had no further problems regarding the limitations.
    I had worked for the agency for 4 years with no complaints but now i couldn't do anything right. I had a supervisior that had a problem but did not speak to me but had me called in before the boss' right hand man, and the boss yelled at me in front of several co-workers and clients.
    In November 2005 i hurt my lower back. Then about 3 weeks later the HR director quit. Since then they have not hired another director for a company with over 200 employees. The HR duites have been split between several employees, the person that i take the Worker's Compentation claims to have been hounding me for a doctor's note which she gets in the "Injury Status Report" for every appointment i go to, it has list the modifcations for each injury, but that is not enough. She wants specific instruction as to why i can't do filing and why i am still working with a client. I give the doctor the number to talk to her, and the Doc said that she nevered returned his call. She called me into the office to talk to me about the hours stating that STATE REGULATIONS says that i have to work 35 hrs a week in order to keep medical insurance or the agency can get in trouble for giving it to me. I have used my annual and personal time up. She said that if i don't work the 35 that i will not have any medical insurance. I gave her that doctor's number and the Doc said that she nevered called. I keep getting letters sent to my house stating i need to work my hours.
    I got the doctor to write a more detailed list of modifications for her. When i went to speak to her about it she proceed to talk about my injuries and status in front of a co-worker without excusing him even before i could ask to have him leave the room. So after she just said everything in front him there was nothing he didn't know, so i didn't say anything but i felt very uneasy having a co-worker know about this. She still would not accept the doctor more detailed excuse. I continue to get letters at home regarding the 35 hours. The doctor asked me if she accepted his note and i told him no, which got him alittle upset, he then set up a "Fuctional Capacity Evaluation" which would explain in detail what i can and can't do but the Evaluation is just for my shoulder not my back. That's it for now.

    Questions:
    1. Can i do anything about being yelled at in front of Co-workers and Clients by my Boss?
    2. In Pennsylvaina what are the rules for 35 hours for benefits/Health insurance?
    3. Because the agency gets state money what rules are they to follow? Or does that make them a state agency?
    4. What can i do about the continued harassment over this doctor excuse?
    5. What can i do about this Clear Violation of HIPPA?
    6. Should i go through with the FCE test or will that mess up Worker's Comp?
    7. What am i entitled to under Worker's Compensation laws?
    8. What else should i do or should i know?

  • #2
    1. Not legally. It isn't illegal to yell at you in front of others. Unprofessional, bu not illegal.

    2. Depends entirel on your insurance plan. It isn't a state law, other than there is probably a state law that says you must comply with your plan docs. There is a federal law that says so.

    3. Don't know, but it has no bearing on this either way.

    4. Ask for details about what they need from you. BTW, it isn't your employer's job to hunt this info down from your doctor.

    5. It isn't. WC is excluded from HIPAA.

    6. Your FCE is probably part of your WC. Go.

    7. That is a loaded question. Want to narrow it down?

    8. See above. If yo uwant in depth analysis, contact a lawyer. There is only so much you can expect from a free bulleting board.
    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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