Employer wants my workers comp settlement

[Bad Boy Bad Boy]

Very good Limbo. Now as you see this is why the only comments and opinions I made, are only to what has been said in the posters story. My comments are solely to their story. If the story changes, then so do the comments.

No the School Dist isn't double dipping though, because we don't know the posters said Employment Contract. Being said, we can only assume, the School Dist has been given legal advice. But, In my opinion, I would think the Vac. and sick days may be a carry over from year to year, or in another way, their lost if not used. Either way, the days and pay were used, till the posters re-opened the case and won the money for days taken off work with pay. Meaning that is double dipping by them. As you seen in AZ law of work comp, other income is allowed, no mention of Vacation or Sick day pays. Kind of hard to fight what is written. But, till the story changes, the School Dist is at the winning side right now.

Anything else we say are only what IF's.

[Still in Limbo]

Your Absolutely Correct BX4 as of This Situation being What If's, as We don't Have all of the Info. But I still can't See how These Days would have to be Paid Back, and if They are to be Paid Back, the Days Bought Back should be Reinstated in My Opinion. But Unless the Original Poster gives Us More Info. or Fights to find the Truth, this Surely is One of those Situations Where We can Agree to Disagree! I Understand what You Posted as Law, and if it's so, and no Fight or Further Info. is Provided, I Believe You are Correct, the School District is going to Win! It's kind of Odd, when I wanted to File My Original First Petition against My Employer, My Attorney Said: "If You Fire the First Shot, They are going to Fire Back, and I Fear You are going to Lose!!" It took 2 1/2 Years and 12 Hearings at that Point to Finally Rest the Case and give it to the Judge for Decision, and There were 15 Total Petitions in the Original Case, because as They Fired, so Did We, and My Attorney got a Stronger Attitude about the Case as it went along. During that Time My Attorney made Partner, (Not due to Me, He's a Great Attorney with Empathy) and when the Decision came Down, it was a 51 Page Decision by the Judge, and My Attorney at that Point hadn't Seen a Final Decision over 20 Pages Before this One! We Won 14 1/2 of the 15 Petitions, and the Only Thing They Won was no More ESI Injections (Which was Stopped a Year before the Decision), and I can Only See My PM Dr. every 3 Months, Unless an Emergency, (And We had been doing that for a Year and a Half before the Decision)!! I wanted to Post this so that Newbies May See that Sometimes when You Stand for Yourself, Sometimes against Heavy Odds, as My Attorney told Me when I Originally Filed, You can Win!!! What w/c Banks on is Using the Fear of Loss of Medical Coverage and Monetary Payments to the Injured Worker in Cases such as Ours that aren't Cut and Dry to Stop Us from Fighting!! Thanks for the Great Debate, I Enjoyed it, and I Hope Some Day the Original Poster will let Us know what the Outcome was!!

[Bad Boy Bad Boy]

They can however make a simple phone call, and get the answer;


In 1988, the legislature, by passing A.R.S. § 23-110, created an Ombudsman's Office within the Industrial Commission. This office provides assistance to injured workers in understanding the workers' compensation system but is precluded by statute from giving legal advice. On average, this office assists approximately 6,000 injured workers annually.

Anyone seeking assistance can call (602) 542-4538 or 1-800-544-6488.

[capricorn]

Another turn on what could have happened to me was that the employer would have taken my settlement as pay back BUT then as I retired I would have been paid for vacation, sick and personal days accrued. Sounds like a big cirlce whichit actually is. In this case I don't think there is enough info or possible just the difference in AZ WC and PA's.

[Lilly]

OK, so if she pays back the school, her sick and vacation time....Do they re-instate her sick days, and personal days? Since these are days she actually earned, and the school is re-paid...shouldn't she get her earned days back?

Lilly

[Bad Boy Bad Boy]

Lilly, that would be my best guess to what should take place.

But, we don't know, as the poster hasn't supplied us with enough information to say either way. I can say, from all the things I have read over these many years, I can see this happening. Like I had said, the School Dist has Attorney's and has advised them to do this. Being said, there must be something legal going on here.

Makes sense. But, is it worth fighting? I don't know. Only an attorney can tell them that answer.