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Just fired from job
#1
Hi all! Little background, Cubital Tunnel Syndrome. I received an email from my employer that said because I am P&S I can't return to work unless I get a full return to work from doctor. Can I lose my wc benefits?
 
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#2
I'm not an expert, by any stretch if the imagination. But I like to try and help where I can. Smile

Based on what you said I think what you're employer is saying is they want your Dr to be able to release you with basically no restrictions. Is that possible? Can you do the things they previously expected of you? Have they offered you light duty? Is there a light duty position within the company they could even offer you?

I'm not sure about Ca but here in Illinois the WC benefits don't end because employment ends, providing you don't quit or turn down light duty. IOW even if you can't do the functions and they let you go TTD and medical are still provided by WC.

My best guess on your LTD is it would probably end if your employment ends as those kind of insurance policies are usually tied to being employed by the provider. But there could be some sort of extension since you are already recieving LTD. I'd check my employee benfits handbook, if you have one, or call the HR dept and ask.

dsny1mom
 
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#3
[/u]What is P&S? I see that alot but cannot for the life of me figure it out. I think that if your work let you go you should not lose benefits. I wish you luck and i am sure someone else has the answer.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#4
Smile
No.
Wink
work comp is not health insurance and doesn't require you remain with your employer.
Rolleyes
P.S. they could be in violation of federal ADA law if they have not tried to accommodate your impairment.
Big Grin
depending on your date of injury the employer can be penalized and additional 15% of your permanent disability by not bringing you back to modified work.
Smile
Review the guidebook for basic inoformation on california comp system
http://www.dir.ca.gov/CHSWC/Reports/Work...-3rdEd.pdf

You are also entitled to a job displacement and training voucher; let your claims adjuster know about the termination.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
P&S is Permanent & Sationary meaning (correct me if I'm wrong) not getting better and not getting worse.
 
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#6
dsny1mom Wrote:I'm not an expert, by any stretch if the imagination. But I like to try and help where I can. Smile

Based on what you said I think what you're employer is saying is they want your Dr to be able to release you with basically no restrictions. Is that possible? Can you do the things they previously expected of you? Have they offered you light duty? Is there a light duty position within the company they could even offer you?

I'm not sure about Ca but here in Illinois the WC benefits don't end because employment ends, providing you don't quit or turn down light duty. IOW even if you can't do the functions and they let you go TTD and medical are still provided by WC.

My best guess on your LTD is it would probably end if your employment ends as those kind of insurance policies are usually tied to being employed by the provider. But there could be some sort of extension since you are already recieving LTD. I'd check my employee benfits handbook, if you have one, or call the HR dept and ask.

dsny1mom


Thanks for checking.
 
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#7
Star,,,,, It,s start,s out as Cubital Tunnel Syndrome,,,,,BUT!!!!, In a matter of time, your gonna start LOSING MUSCLE MASS in your hand,s.
Depending on the severity, they may be able to make a Elbow Splint.
IF YOU DON,T have SURGERY, Eventually you,ll need a COMPLETE ULNER NERVE TRANSPOSITION, (this is what I had to do), It,s very PAINFULL.
Please Re-Consider this OPTION,,,,, You may be able to Save your Employment.
Once you LOSE MUSCLE MASS it NEVER come,s back.
If you need more info on this type of surgery,,,,just pm me.
On The Road to Recovery
 
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#8
grundig Wrote:Star,,,,, It,s start,s out as Cubital Tunnel Syndrome,,,,,BUT!!!!, In a matter of time, your gonna start LOSING MUSCLE MASS in your hand,s.
Depending on the severity, they may be able to make a Elbow Splint.
IF YOU DON,T have SURGERY, Eventually you,ll need a COMPLETE ULNER NERVE TRANSPOSITION, (this is what I had to do), It,s very PAINFULL.
Please Re-Consider this OPTION,,,,, You may be able to Save your Employment.
Once you LOSE MUSCLE MASS it NEVER come,s back.


They did request COMPLETE ULNER NERVE TRANSPOSITION but a physician (assistant/used to practice as a physician) told me in confidence "surgery will not help me in my case, you will have the same syptoms if not more complications after surgery". That's whay I changed my mind. I was told that I would still have the option to have the surgery later on if I changed my mind. Thanks for caring enough to warn me. Did you fully recover?
 
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#9
No ,I had my surgery 9 week,s ago, I,m in PT now,,,But surgeon say,s in my case it was soooooooooo bad ,it,ll take 18 month,s to heal. A Phisician Assistant?????
I went to the 1 of the best Neuro-Surgeon that money can buy,,,, I,d seek out a Neuro-Surgeon.
Nerves take approx. 1 month to heal 1 inch,,,,,There is NO POSSIBLE WAY,An Ulner Nerve Transposition would not help you,,,,,It can,t POSSIBLY make it worse.
On The Road to Recovery
 
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#10
Star, if that is the entire content of the e-mail concerning your employment I do not read where it says you are fired, laid off, or otherwise terminated.

What I read is they are offering you modified or unmodified employment based on your medical status. I may be miss reading it but does it not say, Based on the information in the letter from your doctor to your attorney it has been determined that you have Permanent and Stationary Disability. Because it has been deemed that you are permanently disabled, (to me that indicates that your doc still has you out on TTD. Is that correct?). we cannot return you to work even in a partial capacity. If you should receive a full return to work clearly stating any and all modified duties , (to me this says that when/if you were to make a recovery and were to be released by your doctor either for full or restricted duty), please forward it to me and we will review this for any consideration made in returning you to work. (This indicates to me that they WILL consider returning you to work, when/if you are recovered and released to resume working).

Again I may be misreading it and you may have additional information per the telephone conversation. Based on that e-mail I would be hard pressed to call it a termination.

As far as your LTD insurance, first off you have a very unusual policy that allows you to use the LTD in conjunction with a WC claim, most don't allow this. Seeing how it does there is NO good reason for that policy to NOT to continue based on whether you are still employed or not. What good would a LTD policy do for say someone who was never able to return to work? I can see it being discontinued if there is a limit on the time you are allowed to draw from it but not before.

It just wouldn't make much sense for anyone to pay for that kind of income replacement policy if it automatically terminated based on ones inability to work. This would be true regardless of your status with your employer. It might be effected IF you were released to work and you didn't return to the same employer and then had to go back off work for the current injury. In fact the only time I used an LTD policy it had a clause that if I returned to work and within the first 5 months became unable to work due to the same medical disability that it would pick back up without a waiting period.

So long as the doctor continues to have you ordered out of work the policy should continue uninterrupted. I recommend that you get the policy out and check the fine print or if by chance you don't have a copy of the policy ask for one.

For all it's worth I tend to agree with Grundig. A Neuro Surgeon is certainly the most qualified to treat anything to do with the nerves, that is the essence of their specialty. I further agree that you were given some very bogus information from that assistant and that you very likely could have a good out come with the procedure. I seem to remember in another thread reading where you posted that the assistant you referred to is somehow connected to or used to be connected to WC. Am I remembering this correctly? IF so hon you really need to take anything that assistant told you with not just a grain of salt but the whole shaker. I don't know that I would rely on infomration from a former or currnet patsy for WC. Especially IF your doctor/preferrably a Neuro doc, has recommended that you have the procedure. Just my personal opion, and you know what they say about opinions.

How many other sources of information have you investigated to substantiate or refute the information that the assistant took you aside to share with you? It really would be in your best interest to research all you can about that decision so you make an informed decision to either refuse it or consider having it done. I guess it would all depend on exactly how much pain you are in and/or other current symptoms you suffer. Obviously the end choice is your I would just feel better to know you are making a decision with ALL the information available and that it is a well informed decision.

Have a good day or at least as pain free of a day as possible.

ND Cool
Injured Female, OTR Truck Driver, from the state of Georgia.
 
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