Getting Screwed?

[Left on Red]

thanks for the replies guys. a couple more things though.

I my injury originally happened Feb.06

When I took my last medical leave I filed a claim and it was excepted. Just took fmla because of the anxiety and depression with it. Could not be at work at the time. My original doctor that granted my leave in dec. 06 sent me to phsycologist. They never sent in any paperwork on me and neither did my treating doctor send it into my insurance for temporary disability from anxiety stress.

So this leave I'm referring to above came 10 months after my surgery and 7 months after my return to full duty. I made it clear to human resources that it was because of the stress related to the CTS. The doctor that granted me leave gave me presidone shot at the time and I let the inflamation edge off before I used them much again. But they all knew it was CTS related. Its in all the reports.

[punk]

The best and only solution to your question has already been stated!! You NEED to have a sit down, face to face with your attorney. He/she'll be able to lead you in the correct direction. We are not professionals within the WC field here...simply put, we are injured workers and spouses of injured workers here that have our own experiences and that of others here to draw upon. If it's as recent as you say then you can probably still file without to much hoopla, but you did make a huge mistake when you sought treatment without telling your provider that it wasn't work related or simply didn't mention it. By doing so, it leave the IC a huge window of opportunity to duck out and deny your claim!!!
Sorry, but that's the best solution for you at this time!

[Bad Boy Bad Boy]

The Medical Leave papers your talking about, are to be presented to you, which are forms for the FMLA. Are these the papers your talking about. For such papers, are to be presented to you, to bring to your Doctor or Doctor's, only if your Employer requested them, then they employer must supply them to you. It's all in the FMLA Rules Laws and list of Forms.

http://www.dol.gov/esa/whd/fmla/

But even if you went over the 12 weeks allowed for FMLA, then they employer can release you from work, and hire a new person. very seldom will an employer accept an extention for FMLA.

[Left on Red]

Bad Boy Bad Boy Wrote:The Medical Leave papers your talking about, are to be presented to you, which are  forms for the FMLA. Are these the papers your talking about. For such papers, are to be presented to you, to bring to your Doctor or Doctor's, only if your Employer requested them, then they employer must supply them to you. It's all in the FMLA Rules Laws and list of Forms.

http://www.dol.gov/esa/whd/fmla/

But even if you went over the 12 weeks allowed for FMLA, then they employer can release you from work, and hire a new person. very seldom will an employer accept an extention for FMLA.

yes i was given the fmla papers and was granted leave for 3 weeks. Was afraid to ask for more than that because I was afraid I wouldn't get it. i really needed it. I was about to snap i think. Then requested additional 3 weeks. During this time they require additional paperwork. Nothing was ever sent in to my employer from any doctor.

[Bad Boy Bad Boy]

Wasn't sent into employer, But from what I was told FMLA is 12 weeks, not 3, paper work, or the Medical form, is brought in to the Doctor by you, and brought to the employer by you, so you can then obtain a copy also.


Form WH-380
An optional form that may be used to obtain a medical certification from a health care provider.

Form WH-381 An optional form that an employer may use to respond to an employee's request for leave.

[Left on Red]

Yea I actually didn't return to work at the stated time. My doctor never turned in my paperwork to Temp disability I never got a penny while I was off work even though I called 8 times to remind her to turn it in. My doctor referred me to a pshycologist for severe anxiety and depression that went along with my CTS and several other health factors that came about. Also work related things like the bulging disk actually shooting pains from my neck to my ears and parts of face. Rotator cuff was giving me problems and other health factors mixed with the anxiety depresion. This and coupled with battling with cts and getting warned for quality and etc...and having short bursts of temper at work which is not like me. The pshycologist never faxed anything to employer or gave anything to me for another extended leave. By this time I really wanted them to take care of it as I had too many other doctors appointments and other issues such as marital problems and having a a new child. My employer never recieved anything stating that I could take an extended leave. That is what I meant to say. Wasn't clear enough. When I went back to work to talk to them they said they would gie me 2 days to get another leave. Knowing that my doc would not comply now I gave up. She would just send me to another physc doc because of well...I have no clue...

[Left on Red]

So i talkied with my lawyer today and asked him about vocational rehab and he says he's never heard of it. LOL. He says I should take a quick settlement for 2,000 dollars. My doctor refused to give me restrictions and I am unable to job. This is the same doctor that ofeered to give me restrictions before. I chose this doctor so I guess I'll have to pay if i get another one?

It may be that I get the same type of job that caused this in the first place so I can go back when the CTS is really bad? I really need vo-cational rehab. This is a crumby little town that has no jobs. I'm losing my mind here and my lawyer wants me to settle for 2,000$? That doesn't even come close to what I lost already for this injury. It also seeme strange that he said he had not ever heard of v0-cational rehab????