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Regrets · 05-19-2010, 10:50 AM

You Mentioned He was getting $1000.00 a Week, and After His Taxes on the $1600, that should be Pretty Close. My Last 1/4 was $50,200.00 as a Commissioned OTR Driver, Loading and Unloading My Trailer in the Moving Business, and They want Me to Live on $500 per Week! I can't stand it, They Played Games with My Average weekly Wage Calculation, and I'm still Fighting almost 6 Years Later to get Paid the Correct Amount. I Hope He gets the Help He Needs, and I'm not Sure if Ill. is At Will or not, but Others Here do, and I'm Sure will answer You Soon!

Regrets · 05-19-2010, 10:51 AM

You Mentioned He was getting $1000.00 a Week, and After His Taxes on the $1600, that should be Pretty Close. My Last 1/4 was $50,200.00 as a Commissioned OTR Driver, Loading and Unloading My Trailer in the Moving Business, and They want Me to Live on $500 per Week! I can't stand it, They Played Games with My Average weekly Wage Calculation, and I'm still Fighting almost 6 Years Later to get Paid the Correct Amount. I Hope He gets the Help He Needs, and I'm not Sure if Ill. is At Will or not, but Others Here do, and I'm Sure will answer You Soon!

Regrets · 05-19-2010, 10:55 AM

Sorry I Posted that Twice, must be getting Tired!! Tongue

Bob2 · 05-19-2010, 10:58 AM

You are exactly right, Thats the issue, the likleyhood of him getting re-injured or even worse. And thev doctor doesn't want to be liable. I asked him to try to get the doc to sign a waiver releasing him of any liability but that didn't happen. It's just you can bid the dock there and not have to drive a truck and the doc say's thats ok but the company says no. He is going to loose all of his vacation time he has built up and full coverage ins. ect ect He is very depressed even though he is ok money wise.

1171 · (This post was last modified: 05-19-2010 11:03 AM by 1171.)

from the link I posted:
"Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities."

there is more information on ADA rights and rules then can be posted in a message board. your friend should research the many resources available.

he can also request a change of physicians or request a second opinion.

Bob2 · 05-19-2010, 01:41 PM

Regrets Wrote:You Mentioned He was getting $1000.00 a Week, and After His Taxes on the $1600, that should be Pretty Close. My Last 1/4 was $50,200.00 as a Commissioned OTR Driver, Loading and Unloading My Trailer in the Moving Business, and They want Me to Live on $500 per Week! I can't stand it, They Played Games with My Average weekly Wage Calculation, and I'm still Fighting almost 6 Years Later to get Paid the Correct Amount. I Hope He gets the Help He Needs, and I'm not Sure if Ill. is At Will or not, but Others Here do, and I'm Sure will answer You Soon!

Sorry to hear their not paying you right and still fighting after 6 years? What is the problem? And what is the difference between an at will state and a not at will state, guess thats what u call it. I have heard the term right to work state is that the same?

Bad Boy Bad Boy · 05-19-2010, 04:55 PM

Bob, your friend has until June 5, 2010 to return to work or risk being released. Those are your friends options at this time. ILL is At Will yes. No doctor will ever sign liability. If the doctor will not release him to drive, he does what he can do then. The options are on the table for him. The rest is up to him.

Bob2 · 05-20-2010, 03:59 PM

[quote=Bad Boy Bad Boy]
Bob, your friend has until June 5, 2010 to return to work or risk being released. Those are your friends options at this time. ILL is At Will yes. No doctor will ever sign liability. If the doctor will not release him to drive, he does what he can do then. The options are on the table for him. The rest is up to him.
[/quote
So they release him and he has to get another jod. the job he gets most likely isn't going to pay what he is used to making. So will they make up the difference?

Bad Boy Bad Boy · (This post was last modified: 05-20-2010 04:34 PM by Bad Boy Bad Boy.)

They do, but it might take another hearing to resolve it though. Unless the attorney's can work it out. But, if he gets a job, he will have make less then the 66 2/3 required of what the TTD checks are in order to see any payments.

Then it also gets settled at settlement time.

But, you said he has a job, just not the same type work.