Re-Hired by TOI Company, Have Chronic Pain

[butte_rat]

Hi All, I live in MT. I was injured at work four years ago; three herniated discs in my neck and chronic tendonitis in my left shoulder causing nerve impingement. I went through years of various ineffective treatments before I was told I was too young for any corrective surgery, that my discs would continue degenerating as I aged, and that I would have to live with the chronic pain. I was placed on a couple meds to maintain. Well, off and on I have had episodes of severe pain for no real particular reason. I was told I couldn't return to my TOI job by my doctor, reached MMI, given an impairment rating of 11% and settled with the IC. (my medical is open as long as I go once a year). I got another job, but that contract ended a year ago. I was offered a job again (under the 2 year re-hiring pref) by my TOI employer for the job I did when I got hurt. The doctor said No because I have a 45lb lifting restriction and the employer wanted me to lift 50lbs. Well I asked for reasonable accomodation, and the employer agreed. Their own physician released me to work. Now, 11 mos later I have had one episode of incapcitating pain and had to leave work early. I am afraid they will try to terminate me once more. Am I entitled to any kind of FMLA or protection under ADA? They have a company OCC leave policy but it seems like it only covers work comp claims. What does my situation fall under?

[1171]

whether your employment is covered by fmla has nothing to do with workers comp or comp claims.
you can check out the requirements of fmla coverage here
http://www.dol.gov/whd/fmla/index.htm