California Employment Law
California Employment Law Questions Answered by Legal Experts
He worked for over 4 yrs. always beat goals, but he took fmla time during the initial 4 mo. period.after injury, they still count that time as fmla. used. Not COMP. They did not give him his Cobra info. they mailed it 1 day before deadline, which tied up his illness surgery wait time. he got it fri.12/8/12 Still waitng for OK!. Since they fired him can they play with his workers comp.Medical. and payments? 2 days before firing the Workers comp. Dr. refered him to aSurgeon for the injury. His Adjuster has ignored all attempts to arrange Surgeon's appt. Please note 2 srgeries are possible the illness one is definite---workers comp/?/ Do not know!
His workers comp claim should not be effected, wether or not he was fired. If he is injured at work, then he is entitled to all medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and any other benefit which could be considered lost wages as a result of the injury. If he is fired as a result of absences in excess of the FMLA leave, then technically, the company is allowed to fire him. However, because they are giving him such a hard time with the workers comp claim, then he has a strong argument that the real reason he was fired was as a result of the workers comp claim, and not because of his excessive absences and thus for "business necessity."In regards XXXXX XXXXX surgeries, if a doctor is stating that the surgery or illness occured as a result of the initial work related injury, then the surgery should be covered. If not, then it is a separate matter. Because the workers compensation doctor referred him to a surgeon, he has a strong argument that the company found out they would have to pay for a surgery, and thus retaliated against this individual as a result (by terminating him)Finally, if an adjuster is not doing what they are supposed to be doing, this person really should speak to a workers compensation attorney in his area to make sure he received all of his benefits. Tell him to go to Martindale.com or any other lawyer referral website and find an attorney that specializes in workers compensation and employment actions. It sounds like there may be a claim for wrongful termination, and there are likely penalties for the companies failure to properly deal with the workers compensation claim. Hopefully this has answered your question. If not, please do not hesitate to ask any follow ups you may have. If I have fully answered your question, please do not forget to click on of the happy faces on the bottom of your screen so that I may receive credit for my time in trying to assist you.Have a wonderful rest of your day.
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