Employer wants my workers comp settlement

[Mellen3869]

Message
Hi. I have worked for a self insured school district in AZ for 11 years. Two years ago I injured my back on the job. The schools insurance denied my original claims for workers compensation. After seeing several specialists and trying different treatments, I decided to have the back surgery that was recommended by one of the specialists I sought out on my own. The workers compensation doctor continued to say I was not really injured. After the surgery, and the obvious fact that it helped my back, I decided to hire an attorney and reopen the workers compensation claim to try and pay for my doctors fees. Utlimately, the Industrial Commission found in my favor and I was awarded doctors fees plus reimbursement for the time off I had to take after the surgery.
Now the problem comes in. After the surgery I took off 3 months from work to recoup. Since the Workers Comp claim was denied, I used all my sick and vacation time that was available to me. I returned to work while the case was ongoing. Now that the case has been closed, and I have been awarded a claim, my employer is telling me I need to sign the award check over to them in order for me to buy back the sick and vacation time that I used during those 3 months.
I have not asked for this time back. But I believe that since the school is self insured, they are seeking to get that money back whatever way they can. I have been told that they will garnish my wages if I refuse to sign over this check. They claim that i was paid twice for the time off.
I'm not sure what to do or where to turn. This is something that I have fought hard for, and if I had not taken the case to court to get the money back for the surgery, then the school wouldn't have asked for money back for the time off I used.
Can an employer do this?
I'm also out 25% of the claim due to the attorney fees, and the school is saying I owe that amount too.
This cant be right.

[Cycler]

What did your atty say ?

[Bad Boy Bad Boy]

When you settled the case, and you been paid by both parties, one of the parties is allowed their money back. This is very ture. Plus, if you used an outside Insurance to pay the medical, they are allowed their money back.

In other words Double Dipping isn't allowed...

[Mellen3869]

My attorney got his money.. He said this isnt a workers comp issue - its an employer/employee issue and I need to find a labor lawyer.

I have not been paid by more than one party. The school is self insured, so they paid per the awarded judgement, which was all of my medical bills and for any unpaid time off I took. The attorney took a percentage of the unpaid time off award as his fee.
Now the school is saying I need to give them the money I was awarded for unpaid time off and "buy back" the vacation/sick time I used while I was off after surgery. It was my position that they are just seeking to get the money back anyway they can, and that they cant tell me how to use the sick/vacation time I have earned.

[Bad Boy Bad Boy]

But, you are wrong in saying this.

See once your case became approved, your employer knows what you been paid for, and what not. They say, you took time off work with pay from them, (even though you feel it is yours) and you have it coming. But the award paid for the same days now, meaning you have to pay back for the paid days you took off work. The employer isn't two stepping you. It's law. You can't collect twice, for days off work. It's not really a labor issue neither, as all this should have been handled before you settled the case out.

Since it wasn't, it's called horse on you.

I'm not trying to sound mean, it's just that your attorney didn't bother to ask the employer any questions to if what money might be owed them come settlement time, so that money could be added into the settlement. It wasn't done, and your attorney went for the quick buck is all.

[Still in Limbo]

My First Question to You is: Are You Covered by a Union?? If so, and the Sick Days and Personal/Vacation Time You took to Heal is Something Provided You by a Labor Union Contract, how You Use those Days are Irrelevant, and the Award is Yours in My Opinion. I'm looking at this as If You were in an Auto Accident, and had to Use Your Earned Off Days to Recover, and Then be Awarded Monetarily, the School would have No Right to the Monies from the Settlement. I don't See this as being Paid Twice, if the Time Taken would have been Spent on a Beach in Florida, and then the Injury and Award, the School wouldn't be Looking for Your Earned Days Back! This seems Quite Shady to Me, I think You need to Contact Your Union Rep. if You have One, or a Very Good Labor Attorney for a Consult!! My Very Best, and Please let Us know how it Goes, this is a Very Interesting Situation!

[Cervical_Fusion]

I am in agreement with Bad Boy on this one. If she was pd vacation and sick pay for the days she was off work, That was pd by here employer. When she settled wc again paid her for the missed days from work while she was off. Then yes she was paid 2 times for the same days she was off. That is double dipping, and the laws state that you can not double dip. If this is what happend then her employer is entitled to be paid back the money they gave her, even if it came from her built up sick day and vacation monies.
I have worked in retail mgnt for 30 plus years and did payroll evey week, another example that might help is say u are called for jury duty. Well your company will pay you your wages for the days that you sit on the jury. Also the city will pay you so much per day that you are sitting on the jury, so if your employer pays you for those days and the city also pays you so much per day, they your employer is entitled to the money that the city pays you, as they also pd you for this same time. again double dipping. even tho it is not much money that the city pd you your employer is entitled to recoup some of the money they gave you for those days. Hope this help you think it through a little more.

[Bad Boy Bad Boy]

I can only make comment, and opinions to what has been said here by the poster. If the story changes, then my comments can can change. But as it is said here, this is the life in being an injured worker.

There was no mention of FMLA taken, even then employer would require vacation time, sick days and any other paid days be taken first, unless a Union contract states differently.

This whole issue is not a Labor Law issue, as the setting took place during a workmens compensation issue, making this posters attorney very wrong in telling them this.

Next, this is an employer win - win issue. For they would have never come forth with such a harsh statement, without legal backing. This is very true. To now hire an attorney, will cost this person even more now, and suffer the bigger chance of lossing in the end even more money.

It's my opinion, if these days are paid back, then employer must re-instate the days paid back as being able for this person only to be allowed to re-use such time off once again during the year. Makes good sense.

[jayne]

just a question from them to ask for the sick pay days and holiday pay back I understand.....but the entire settlement? are they taking his imparement rating also?And if he was fired wouldnt they have to pay him for these days anyway?

[inpainokla]

that just dosent seem right if its your sick leave and your vacation time they shouldnt be able to make you pay that back