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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work for a CA. based airline as a flight attendant. I was

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I work for a CA. based airline as a flight attendant. I was on a layover in JFK, and had serious back pain. I called my supervisor to get my self removed from the return flight to LAX. My supervisor said I had to go to JFK Airport Medical Center, and get released by their Dr. before I could fly home. When I got there, they asked for my insurance, which they didn't accept. I called my supervisor and told her that I didn't realize that I would Have to pay with my insurance, or out of pocket because the co. said I had to go there. She said she could not get a answer for me. I paid $150.00 out of pocket.

The Medical Center could not help me, and sent for a ambulance to send me to the hospital, which my insurance covered. I could have gone there to begin with, but I followed my co.'s directive. I talked to my HR dept. yesterday and asked to be reimbursed for the $150.00. They said they will not reimburse me because I did not state it was a OJI at the time. If a co. requires you to go a particular medical center, aren't they required to pay for it?

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Peggy.

Yes, federal and state law does typically require that where an employer chooses the medical facility where an employee will be evaluated, the employer must pay any out of pocket expenses incurred. Otherwise, the employee must be permitted to visit a provider of their choosing.

I would file a complaint with the state labor board for investigation if the employer will not agree to pay for the medical bill, or you could retain a local employment law attorney to communicate a demand to the employer.

If this involved a work-related injury, the employer's worker's comp insurer would typically be liable to pay the charge as well.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

Thank you Tina for getting back to me! When I talked to HR yesterday she said because I didn't state at the time it was a OJI, then the co. could not notify their OJI insurance to cover it. Also i filed late, she said she would submit it to the insurance co., but doubts they would approve it because I filed late.


 


My point is regardless if it was a OJI, or not, if I was directed to go there, the co. should pay, right?


 


If you filed a letter for me, would there be a fee?

Yes, that is right Peggy. Since they directed you to go to a specific provider, they should pay for it. It should not have been too late to notify their insurer either. If it was work-related and the insurer denies the claim, I would appeal the decision.

The TOS we both agreed to prohibit me from representing individuals through this forum so I cannot draft a letter on your behalf. I'm sorry. The state bar association can provide you with attorney referrals though. Their website is calbar.org.

Tina and other California Employment Law Specialists are ready to help you

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Thanks again and all the best to you.

Tina

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