How much did I screw up here?

[Ouch123]

I live in NE.
Background: I've had the same job for 20+ years. In 2009 the recession dried up some of the business & the company required everyone with my title to do something so, so out of our comfort zone. Think actuaries turned into door to door salesman. Some people could do it without a problem, I had a nervous breakdown. Their reason for making people do this job change was to keep a client another part of the company had alienated.

They refused to reassign me under ADA (there were other jobs I could do) & made me go on FMLA & then short term disability. They laid me (and a lot of other people) off before the FMLA was up. They did pay me the full amount of STD. My LTD company was **no names please**, who apparently threw everything I sent them away but always said "oh sure, we have that, don't worry" when I'd call. Finally I just gave up. Pretty much par for someone with Avoidant Personality Disorder (anxiety on crack).

It never occurred to me to file WC. But whatever, I'm ticked about them violating FMLA. They hired me back 5/10 part time, no benefits, big pay cut, remote from my home computer. I still can't work full time, nor will I be able to work in an office again. Hell, I can barely get groceries without freaking out. Do all my shopping at Goodwill so I don't have to talk to salespeople or go into crowded stores.

Ok, ALL that is background. Now I found out the arm/hand/shoulder pain I've been complaining about since I started with this company (everything is now on the computer, no paper files, ever) is Thoracic Outlet Syndrome. Computer work hurts & the delay of 10 years means the nerve damage is probably permanent. Filed WC, still working my 4 hour days, going to physical therapy (which is brutal). Hoping the Dr. will put me off working until some progress is made.

The question(s). Did my employer violate FMLA? Anything I can do about that? Can I go back to Cigna & try to get them to pay up? If I can't work with people & can't work on the computer I'm kinda screwed on job choices. How much trouble will WC give me about not being able to work?

I know, get a lawyer. But I'd sure like your expert opinions.

[AQA]

If the MEDICAL oppinion is that your injuries are work related, and that you can NOT return to work. Then your dr/s. will take you off work. If the IC does not agree with that. they will require you to see another dr (second oppinion). If that dr agrees. then all is good. If not, then it is a matter of medical oppinions and for the courts to decide.

[1171]

per FMLA rules:
In general, any allegation must be raised within two years from the date of violation.
http://www.dol.gov/whd/fmla/

if there was a breach of contract by the disability insurer, you can litigate.

you will also have to litigate your work comp claim because it has been so long since the injury. your chances for success depend on the strength of your medical evidence.

contact the state bar for help with the atty specialists.
http://www.inbar.org/LocalBars/tabid/56/Default.aspx