ADA

[rickandkryss]

I agree with bad boy...if it is a doc that is saying no then it is not ADA related. However under the work comp system you have the right to a second opinion and it might be possible for you to hold things up for awhile doing that. You will need an attorney more than likely to take this into the work comp court for your.

Do you have an attoreny? It might be time to get one.

Maybe it is possible to work out an agreement though your attorney allowing you early retirement considering the circumstances (not really sure on this though)...just throwing things out there to check into.

Let us know how it goes!

[rholmes]

rickandkryss Wrote:I agree with bad boy...if it is a doc that is saying no then it is not ADA related. However under the work comp system you have the right to a second opinion and it might be possible for you to hold things up for awhile doing that. You will need an attorney more than likely to take this into the work comp court for your.

Do you have an attoreny? It might be time to get one.

Maybe it is possible to work out an agreement though your attorney allowing you early retirement considering the circumstances (not really sure on this though)...just throwing things out there to check into.

Let us know how it goes!

thanks Rick for your input. An yes I do have an attorney, but most times she is MIA But she did finally give me a call asking a lot of questions. It seems the doctor that did my knee surgery in 2003 is the first one to bring up the idea of not being able to work. But my primary doctor disputed it, so the company sent me to two ame, they both said I could keep working. Now 4 years later they sent me to another one and he agreed with the other doctor(without actually doing a full exam or asking me anything . My attorney just sent me a letter that she has sent to all disputing all of his report based on the fact he only reported what the other ortho wrote and not based off of doing a full exam. So i guess i will just have to wait and see like you said at least it is buying me some time.


THANKS

[vkohl]

To comply with the ADA, an employer must determine if the ee has a disability as defined by the Act. This is where confusion sets in with the interplay of ADA and WC. Disability in ADA and WC are not the same things. In any case, if you have a qualifying disability under ADA, the employer is REQUIRED to have some sort of discussion with you about accomodating your disability. Holmes, in your case accomodation may be difficult because your UTU contract probably does not allow you to work outside of your classification. But I also have to ask: What is the status of your CDL? You have to have a valid medical certificate to hold your CDL. If you received a medical certification for your CDL, that would be another medical opinion in your favor, and I think a good one. The medical certification is issued only to drivers who are deemed not to be a hazard to the public or themselves.

[rickandkryss]

You can still get a medical certification for a CDL with a disability. There idea of what is safe on the road is different from WC's view of what is disabled and the ADA's definition is different from both of those.

I am glad your attorney is on the case now, it is so discouraging when they are MIA! Did she/he say anything about the retirement thing?

[rholmes]

vkohl Wrote:To comply with the ADA, an employer must determine if the ee has a disability as defined by the Act.  This is where confusion sets in with the interplay of ADA and WC.  Disability in ADA and WC are not the same things.  In any case, if you have a qualifying disability under ADA, the employer is REQUIRED to have some sort of discussion with you about accomodating your disability.  Holmes, in your case accomodation may be difficult because your UTU contract probably does not allow you to work outside of your classification.  But I also have to ask:  What is the status of your CDL?  You have to have a valid medical certificate to hold your CDL.  If you received a medical certification for your CDL, that would be another medical opinion in your favor, and I think a good one.  The medical certification is issued only to drivers who are deemed not to be a hazard to the public or themselves.

Good question,

My last renewal they gave me a CDL that will last past my retirement. My medical will expire this year because I am on a yearly because of high pertension under control with meds. I have no need for accomidations, that's what confuses me I don't even know what I should be doing or fighting or asking for. I never saw a report only a revised letter. So I guess my question really is how can you fight to keep working when you feel you are fine to work in the first place. I don't know if he is stating for my knee surgery or my back :-(

[rholmes]

rickandkryss Wrote:You can still get a medical certification for a CDL with a disability. There idea of what is safe on the road is different from WC's view of what is disabled and the ADA's definition is different from both of those.

I am glad your attorney is on the case now, it is so discouraging when they are MIA! Did she/he say anything about the retirement thing?

She has promised we can keep my job it will "just take time". In the meantime she has demanded they keep paying me ttd. I have also kept in touch with my union they do have another dept. I can bump into if all else fails but it SUCKS! big time. But i will do what I have to do to make it to the end. Thank you so much for answering my post. Makes me feel that someone out there is really listening to me. Wish I had found this place long time ago I was first injured in 1992 And seems the only way they are willing to settle is if i give up my job and walk away I have been fighting them for 15 years with no end in sight. Everytime we get close to settleing they get a new attorney and we have to start all over again.