Husband in Texas

[taddison]

On 1/24/08, my husband ruptured his achilles tendon at work. He did not have surgery until 2/22/08. He worked on light duty in the office from 1/25-2/21/08. He was work at home until 3/10/08, which he returned back to the office on light duty.

He was still undergoing physical therapy 3 x a week. He remained on light duty from 3/10-5/30/08. He went back to work doing his regular job on 6/2/08. On 6/4/08, he went to his physical therapy visit and they think he developed cellulitis on his wound so sent him for lab work and he has been home since that day on antibiotics and awaiting lab results.

He has called into work each day reporting he still has not been released and still awaiting lab results. His boss told him the first day, that this would make him have to file another report since he had been released on 5/30/08 and that they needed to talk about his salary continuation and FMLA.

Any advice?

[jayne]

ooooooooooo I dont know Texas laws but someone will be along......welcome to our forum

[AQA]

I would file another claim. I see nothing to worry about. However, if you choose not to file another claim, then you will need medical documentation connecting the original injury to the present loss of work.

Medical for THE INJURY is for life in Texas. I know the issue is that of loss of wages. What I can not tell from you post is whether or not the company is self insured. If not, you may want to conact the IC.. You can get that info from his work or from the dr's. office. They will know who the carrier is as well as the claim number.

Take Care

[taddison]

No, the company is not self insured. They are a very large utility company in Texas. The doctors note that has been sent to the boss states the cellulitis is due to the wound of the ruptured achilles tendon.

On the FMLA, when he was on light duty does that count? or is it time off from work at home?

[Lilly]

FMLA should be time off, at home, UNABLE TO WORK. Light duty does not count (unless Texas is different)
FMLA protects one's job for 12 weeks. After that, they can fill his position with someone else if he is still not back to work.
Take care, Lilly