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Did I do anything wrong?
05-10-2007, 08:05 AM
Post: #11
RE: Did I do anything wrong?
Tell your lawyer everything if he dont turn very white then very red you are ok

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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05-10-2007, 08:23 AM
Post: #12
RE: Did I do anything wrong?
Did you, I don't know, and is hard to say, I wasn't there. Just being nice. You know that I had to say that, for in order to answer your question, I would need to be there.

Now would your employer lie? That's a big if, because you would of needed everything in writting before you left. Did you get that? See the if's?

Did you say the jobs offered or shown were out of your restrictions, or was it the employer? Remember HR works for who? Not you... Who will HR protect first?

Has your Attorney said the employer notified them stating you refused work? If so was that in writting? Or was that a verbal also? If on paper obtain a copy.

Now if everything did go well and as stated, then I truely see you did nothing wrong. I would think you did nothing wrong anyways. But is the employer willing to lie?

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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05-10-2007, 09:02 AM
Post: #13
RE: Did I do anything wrong?
Thank you everyone for your response.

At no time did I tell the emloyer these jobs are out of my restrictions.

What I did do was ask for a copy of my restrictions and a copy of requirements of the job openings. At that point HR & I went over my restrictions and compared them to job requirements.

Both jobs have the same requirements of the job I am on leave from, that was confirmed by my supervisor.

I requested a copy of my job requirements and HR is mailing me a copy.
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05-11-2007, 12:08 PM
Post: #14
Big Grin RE: Did I do anything wrong?
Well, then that is a good thing. Then I can't see how I could say you done anything wrong then. But you know, I had to ask what I did? Or it was hard for a correct answer from me. You did what you should of done.Cool

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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05-11-2007, 04:01 PM
Post: #15
RE: Did I do anything wrong?
Hi Bummer! Getting a copy of the job requirements was the very best thing you could have done!! Now you can set your restrictions and job requirements side-by-side and it will be clearly seen that the jobs offered you are null and void because they don't fall within your restrictions!! Great Job!!Wink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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05-14-2007, 10:40 PM
Post: #16
RE: Did I do anything wrong?
I have a mtg with my dr tomorrow as a result of my mtg with HR last week. I am wanting to know if any of you have any suggestion,
my story follows...

History:
I wa injured 11/05, had meniscus surgery on both knees, and now need a knee replacement on one kneel . I now walk with a cane and am waitting for approval of funding for the replacement.

I have not worked for 18 months.

I had a mtg with Hr last week, although I have been placed on leave work is still requiring two health assessment forms be completed by my dr.

....................
At my mtg last week with HR, I was given two health assessment form they said my dr needs to complete the forms.

The job description for my job list: Lifting up to 100 lb, frequently, stooping and bending. Frequent walking and standing.

My work restrictions list: no lifting, bending, and kneeling.

Work has requested I have the health assessments completed so they may place it in my employment file.

Last week HR was showing me job openings with the same job requirements of my position.

I plan to take the health assesment forms, work restrictions, and a copy of my job description to the dr tomorrow.

I am not for sure what type of game work is playing.

Any suggestions regarding my Dr appt?
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05-15-2007, 06:47 AM (This post was last modified: 05-15-2007 06:50 AM by capricorn.)
Post: #17
RE: Did I do anything wrong?
they are paying for the assessments are they not??? if they require them - they are require to pay for them
So if you pay for it out of pocket - I would hand them the bill when you get back to the office since they are requiring this as part of your job - also ask your doctor  - what type of accomodations you would need to do your job and have him write those in as well

Basically they are trying to find a way to get you off payroll at this time - btw
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05-15-2007, 09:21 AM
Post: #18
RE: Did I do anything wrong?
Since I take the forms to my dr, my guess is that I pay for the assessments. Work claims the health assessments are needed for my employee's file.

Work decided to place me on leave. Previous to placing me on leave they showed my two openings. Both were working as a teacher in the Infant Toddler Room, working with young children requires working from the floor.

The whole meeting did not make any sense. Work knew of my medical condition previous to the meeting. I walk with a cane, my mobility is limited due to the need of a knee replacement, and I have two tumors on my spine.
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05-15-2007, 11:18 AM
Post: #19
RE: Did I do anything wrong?
Bummer Knees Wrote:I wrote on another thread yesterday about meeting with my employer.

I have a specific question I would like to ask about this meeting.

When I first got to the meeting I was asked if the work restrictions on my left knee had changed (they haven't).

Next, I was asked if ther are any accomodations that my work can provide for me, I said I don't know.

Hr Director said we are here to llook at any availible jobs.  
There were two job openings.  I asked for a list of job qualifications for each job, both were the same qualifications that required lifting of 100 lbs, bending kneeling, ect.,  

My work restrictions list to avoid lifting, kneeling, bending, squatting, and climbing stairs. I walk with a cane and have limited mobility and am waitting approval for a knee replacement surgery, all which my employeer is aware of.

I asked to look at a copy of my restrictions and we compared then to the job qualifications of both jobs, both jobs were clearly out of my restrictions. The job was working as an Infant/oddler Teacher.

The meeting ended with the HR Director saying I would be kept as an employer and continue to be on leave.

When I spoke with my attorney after the meeting, he asked if I turned down any jobs, and I told him no.

Well, I don't think I did, at no time did the HR Director say, "We are offering you this job".

DID I DO ANYTHING WRONG?
you did nothing wrong your employer has to offer you work within your restriction if they have no work to suit the restriction then you are considerd off untill either they can accomadate restrictions or they are lifted so regardless if you said i cant do this job or not both jobs were way out of the restrictions so you have nothing to worry about hope this helps and good luck Tongue
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05-15-2007, 01:05 PM
Post: #20
RE: Did I do anything wrong?
O.K. Bummer, I have just been in this exact situation, and with my attorneys help and guidance this is what I did, and I will pass it on to you and I hope it helps your case because it sure did help mine. Have your Dr. fill out the assessment forms as asked, this is something they are making mandatory for your file, and not getting them filled out could cause you problems. Next, ask your Dr. (Mine had absolutely no problem with this) to write a formal letter that these jobs do not fall within your written restrictions, and therefore are not to be tried by you under any circumstances. Or something to that effect.

Here's what they are trying to do. They are doing their very best to make it appear you are turning down job offers so they can file a Penalty Petition against you to Suspend/Modify your Benefits. By having your Dr. write that letter, you slow them down because if they do file the Petition, they are going to have to do a Deposition on your Dr. as to how they came up with the decision written in the letter. This is just my opinion but from reading your post, I can surely see from experience they are gearing up to take your w/c to trial! BE CAREFUL of any activities you do now anywhere, and stay within your restrictions in public. I wouldn't be surprised if survelliance is being used on you, if not, it's soon to come. I'm not trying to scare you, just prepare you!! Best of Luck!!Wink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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