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Unemployment denied
#1
My claim was denied because my employer is stating that I took a leave of absence. I took no leave of absence. They said they couldn't accommodate my work restrictions to go home and get better. I'm receiving PPD payments and they saying is regular workers comps payments. What should I do next?
 
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#2
appeal the denial.
every state has an unemployment website with appeal information.
file a complaint with ADA for failure to discuss reasonable accommodation.
most states also have non-discrimination provisions in their comp laws.
if they are retaliating for filing a claim pursue it.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Ty 1171 I'm in CT I will do that.
 
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#4
Are you saying you were denied unemployment but are getting PPD?
 
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#5
Yes I'm getting permanent payment for my rating % of my shoulders n my lawyer told I could file for unemployment benefits.
 
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#6
(01-18-2014, 10:16 PM)chico1960 Wrote: Yes I'm getting permanent payment for my rating % of my shoulders n my lawyer told I could file for unemployment benefits.

If you had a rating done, your at end of healing unless you injured more than just your shoulder. Did you collect any ttd up to this point...? If you are at end of healing and collecting ppd and your employer still don't have work for you, you can collect unemployment and ppd. But you can not collect unemployment while your on ttd because your not able to work.

like 1171 states, appeal it because if wc is paying out ppd you were obviously entitled to ttd if they didn't have work for you under your restrictions.
.
 
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#7
Ty Bronco,I reach MMI in December of last year but I was working light duty until them but my employer let me go because they didn't have any position or accommodation so the IC started to pay me for my rating of my shoulders no ttd. So now my employer is saying tha I am in a leave of absence an that's no true,they don't have a job for me. The funny thing about it is that before I apply the HR manager told to apply for unemployment that the company wouldn't fight it.
 
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#8
(01-19-2014, 10:09 AM)chico1960 Wrote: Ty Bronco,I reach MMI in December of last year but I was working light duty until them but my employer let me go because they didn't have any position or accommodation so the IC started to pay me for my rating of my shoulders no ttd. So now my employer is saying tha I am in a leave of absence an that's no true,they don't have a job for me. The funny thing about it is that before I apply the HR manager told to apply for unemployment that the company wouldn't fight it.

Companies say one thing but act out in another, Sounds like they want their cake and eat it too. I would fight the unemployment issue, there might be possible retraining benefits through wc but your attorney should be handling this. They don't have to keep your job open or make a new one for you, but their reasons must be clear weather they cant provide because of restrictions, or just because they had to let you go. Still something you should appeal.
.
 
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#9
That's what my lawyer said they want the cake n eat it too. Ty bronco n yes I'm in the process of retraining through the WC offices. I will appeal the company about my unemployment benefits n about my job situation.
 
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#10
If they had a lite duty job for you why do they not have something now that your at MMI? Seems like they have something for you but are not being accommodating for your injury. Fight the unemployment and find out why they your restriction are keeping you on a leave of absence.
 
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