FMLA and Workers Comp

[nauticalgurl1]

Okay, I decided to start my own thread on this in hopes of getting a couple of answers. I stated in a previous thread that I am on workers comp and recieving TTD for my carpal tunnel. My employer has short-term disability/long-term disability and I was on STD until my claim was accepted(only after I had to fight for it in court). Maybe I am misunderstanding so I am seeking clarification---how is it possible to use FMLA while I am receiving TTD(workers comp)? Isn't TTD all that I am entitled to? My employer is self-insured and aside from me going to see them to give them my payment for my medical insurance, there is no other communication between us.

[leavntn]

FMLA is 12 weeks of unpaid leave. It is a federal program that provides job protection for up to 12 weeks a year. There is a FMLA website that explains the details.

When my husband was put out on WC and we received the FMLA papers, I wondered why he needed it. I looked on the fed website and found out it can run concurrently with WC. What it did for us was to let us keep our health insurance while he was out on WC. Some employers terminate EEs and put them on COBRA immediately after the 12 weeks of FMLA are up. We are lucky that our 12 weeks were up Nov 15 and he is still employed with health insurance. We pay our part of the Health insurance by the month.

Things have turned out well for us, but if you feel your employment or benefits are in jeopardy, you may want to get the papers filled out by your doc.

I would like to add that the FMLA papers were sent by the HR dept., we did not request them. Personally, i think they wanted him to use up his 12 weeks so he wouln't be able to take off later in the year.

[1171]

FMLA is not insurance and pays no benefits. It does offer job protection while you are not working.
Generally if you are not covered by FMLA you can be terminated for job abandonment.
for more information:
http://www.dol.gov/esa/whd/fmla/

[apossible]

My company rushed the FMLA papers on me. I wasn't quite sure at the time why the hurry, but then a month before FMLA was to expire, I got a call from my company that I no longer have a job after 17 years. While on workers comp, you cannot be fired, but you can be replaced. If you are fortunate to still have your job after being medically released by your doctor, then you are one of the few lucky ones.

I would like to know from others who have CTS and trigger finger, and had surgery, what the percentage is of those cases where more problems came up with the hands (and/or fingers) and further surgery is required. I had surgery on my right hand last June for CTS and also on the right thumb for trigger finger. The hand is much better, and the thumb, but now the little finger has the "trigger" issue. The doctor will try cortisone, which didn't help the thumb, and then surgery if needed. The left hand is taking alot longer to heal than the right one did.

I appreciate any feedback. Thanks.

[nauticalgurl1]

My right hand seems to be healing alright for the most part.but am experiencing problems with right elbow, forearm, lifting, grabbing things, burning and numbness in left hand still with pain in elbow and forearm also. Got a cortisone shot last week and it hasn't changed anything. Am waiting on getting scheduled for an FCE. My attorney agrees to wait on FCE results before proceeding with anything else at this point.

[UndercovrAngel]

Are either one of you in PT for carpal tunnel at this time ?? They help in movement of the extremity so that it doesn't tighten up.

I had a De'Queravain's release on my right hand, which is similar to carpal tunnel back in November of '03. We didn't have PT pre-approved and therefore, I had a large build up of scar tissue and lost a lot of use in my fingers, hand and wrist. At the time, I was a cashier in a c-store and on a bad 7 hour work day would make around 6 g's, not including cc's.

I had a 2nd surgery in April of '04 to have the scar tissue removed and this time started PT within a week. I was MMI's, had my ratings eval and settlement check in hand by August of '04. According to the therapist that I saw, most people who have carpal tunnel surgery on their right hands will always recover quicker as that is their dominant hand and they use it more than their left hand. So you may want to start doing more with your left hand and start building it up.

Angel ^j^

[buildergirl1973]

my work hasn't given me any flma paperwork, i asked about it before i went out of work for my surgery. maybe it is because i has to file std instead of wc because of statute of limitations. i haven't paid anything for any of my insurances yet, but i would if they asked me to.

[apossible]

Angel:
I am in California. What state are you in?
I had PT on my right hand 10 weeks after surgery due to the scar tissue. The PT helped alot. I am scheduled to have PT on my left hand in a couple weeks. If the cortisone shot helps with the trigger finger in the little finger on the right hand, then I am assuming the doctor will release me in a couple months.
I am trying to figure a time schedule here as I am not allowed to look for work until I am released, yet I need to have unemployment benefits start the minute WC benefits stop.
It took four months for you to receive a settlement after your doctor released me? I know once upon a time, at least here in California, one could get a decent settlement, but not anymore.
Thanks again for the feedback.

[1171]

apossible:
I think you can apply for unemployment before the benefits are due. this would allow you to lock in the qualifying wage periods now before too much of your earnings drop off.
contact EDD asap.
http://www.edd.ca.gov/Unemployment/Filing_a_Claim.htm

[nauticalgurl1]

Angel,

I completed 12 visits each of PT for each hand. PT was started 3 or 4 weeks after each surgery...I'd have to go back and check my paperwork to be sure but pretty sure I'm close. All during PT I continued to let my dr. and PT know that I was having these issues. I have my physical therapist's notes and have forwarded copies to my attorney. My employer did not send all of these "notes" to the BWC or the IC as I check both websites daily to see what has been added to my claim. They sent only what they wanted...When it came to my last PT session my therapist stressed getting my other problems added to my claim so that they would be able to start treatment of them. Everyone...my dr., Pt, my attorney all seem to be dragging this out while every other day I am questioning somebody as to what I am doing wrong here that this isn't progressing quicker. I know WC is a slow process....I just got the approval for the FCE and I guess my dr. is wanting them(the people doing my FCE) to discover that I'm still having these issues like I was before the first surgery. My Pt got to the point where the exercises to treat the carpal tunnel continued to aggravate my other issues...so they couldn't do anything much for me in therapy.