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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16301
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I had a heart attack at physical therapy 02/06/2013 while on

Customer Question

I had a heart attack at physical therapy 02/06/2013 while on temp total disability, trying to get in shape to go back to work after surgery from a bad car accident on the job. C-6,c-7 cervical fusion, knee surgery, shoulder surgery over 2 years off work with ime assesment of 33% told to return to work 03/04/2013. They say heart attack was seperate health issue. Heart cath was 04/11/2013 says 7 blockages, 1-80%, 3-70%, 3-50%. I'm 40% disabled veteran, so the va has been treating me, what should I do?
Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETLAW :

This is an unfortunate situation,

WALLSTREETLAW :

If this is in regards XXXXX XXXXX to work, you should ask for reasonable accommodations at work, which is regulated under the ADA,

WALLSTREETLAW :

by doing this, it puts the employer on notice, and it forces the employer to try to create a position for you at work, which you can do with your current disability.

WALLSTREETLAW :

If you cannot work or there is no position you can take with the disability,

WALLSTREETLAW :

then the employer is allowed to terminate you,

WALLSTREETLAW :

however, you could apply for ssdi which is social security due to your disability, if you feel you can no longer work.

Customer:

They want me to go back to work because ime doc said no restrictions, my doc said there are restrictions, company would accomodate me but I need a six way heart bypass after having a heart attack at physical therapy, im 43 years old

Customer:

should workers comp take care of my heart condition?

WALLSTREETLAW :

You can apply for workers comp if you feel your condition is due to your job,

WALLSTREETLAW :

if the employer would accommadate you that is ggod,

WALLSTREETLAW :

in terms of what to do know, your only option may be to apply for FMLA,

WALLSTREETLAW :

so you can take time offf for your surgery,

Customer:

They say the 2 years on temp disability was fmla

WALLSTREETLAW :

if your FMLA time os over,

WALLSTREETLAW :

under the law in West Virginia your options are limited, unless they can provide you time off for your surgery, you have to continue to work for them, with the accommodations,

Customer:

should comp be responsible for heart attack medical care now?

WALLSTREETLAW :

or they can terminate you as FMLA is the only medical leave that protects job status

Customer:

already terminated

WALLSTREETLAW :

If the heart attack was from stress from the job, workers comp should take your case,

WALLSTREETLAW :

and you should apply for it as well.

WALLSTREETLAW :

If they terminated you, consider filing a disability discrimination complaint,

Customer:

it was caused by exercise at physical therapy worlers comp was making me do

WALLSTREETLAW :

and the employer may be forced into paying you something to settle the matter

WALLSTREETLAW :

you may have a case against the physical therapist

Customer:

so is it new claim or protest old claim?

WALLSTREETLAW :

it would be the same claim,

WALLSTREETLAW :

and you would have them address the new issues,

Customer:

I was under a doctors care for 2 years and going to physical therepy fro almost a year, progrressively getting more intense

Customer:

so I should protest the 33%

Customer:

and ask that the heart attack be addressed as work related

WALLSTREETLAW :

yes,

Customer:

thank you

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16301
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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WALLSTREETFIGHTER
WALLSTREETFIGHTER
Lawyer
16301 Satisfied Customers
14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney