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FMLA & WC in Nevada
10-27-2009, 02:58 PM
Post: #1
FMLA & WC in Nevada
I'm in Nevada and had a work related injury to my right elbow in July 09. I filed for workman's comp. was denied after it taking weeks. I filed appeal and also retained an attorney during this time. My hearing was 9/1 which my attorney handled.
I won the claim for workman's comp. was paid back pay.7/27-9/8/09.
Put on "light duty" Couldn't work my 8 hrs. & kept telling the A.P.N. that saw me at ea. visit. She didn't modify it & said she couldn't, just use my left hand. I'm right handed. I developed an over use problem to my left hand and informed the A.P.N. of this over & over.This has continued to present.
Now I had an injury to my right knee, unrelated to work.
I called my supervisor to inform, & had a doctors note.
She had HR send me out my FMLA papers for this time period. However,
Now I find out that the entire time I was on workman's comp my employer also counted against my 12 weeks of FMLA...Can they take FMLA while I was on workman's comp. & never even told me & I never filled out any FMLA papers for that injury??
What's going on here. I now only have 10 days left & will lose my health Insurance.
Can anyone help with this one?
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10-27-2009, 05:36 PM
Post: #2
RE: FMLA & WC in Nevada
having a workers comp claim does not make you immune from termination. without FMLA coverage you could have been terminated during your absence.
more information on fmla
http://www.dol.gov/esa/whd/fmla/
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