This is an unfortunate situation that happens very often these days. Can I ask you some questions:
1. In your union contract, do they have an agreement with the company regarding people who are out on WC or non work related disability -- setting forth a certain number of weeks or months that they must hold the job open for that person (for example, the UCFW has an agreement that a person's job must be held open for 1 year after the date of injury and then the company may terminate the employee but must still pay WC benefits -- does you company have any agreement like that with the union?)
2. How long have you worked for this company and been a union member?
3. Do you believe that any of this comes from age discrimination (over 40 yrs old) or race, gender, etc discrimination?
4. Has the company told you and/or your lawyer or the union that they do not have a job available that they can accommodate your restrictions?
5. What was the official reason why your disability retirement was denied?
The website indicated my question would be answered by a California employment attorney, but I wasn't able to locate your name on the California Bar Association's website. Are you licensed to practice in CA?
Hello RM --
I am not licensed in CA - however, this is a general law website and we all answer questions across the 50 states. Your issues and the state of the law in CA is not significantly different from other states on these issues (that's one of the reasons why I knew there would be a time limit in a union contract on the WC and disability injury time). However, I will opt out of the question and place it back on the board with a note for one of the CA attorneys to pick this question up. I do not know who is online this evening, so it may take until tomorrow for your question to be picked up so I ask that you have a bit of patience and someone will answer as soon as online and available.
Best of Luck to you !
Thank you for the reply, I appreciate it. WC attorneys however don't typically handle appeal hearings, especially for peace officers. The attorney who use to handle these types of cases in N. Ca retired. I've done a lot of research and the appeal process can be complicated, more than I can handle.
You seem to know quite a bit about this process and I'm sure you understand the biases that take place for local safety where the county makes the decisions since I fall under Public Employees' Retirement Law and not 2005 Ca GC 2115-21176 Article 6.
I appreciate your anonymity, but have to ask if you know a knowledgeable attorney in N. Ca brave enough to take on such a case
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).