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
This is an unfortunate situation,
If this is in regards XXXXX XXXXX to work, you should ask for reasonable accommodations at work, which is regulated under the ADA,
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.
If you cannot work or there is no position you can take with the disability,
then the employer is allowed to terminate you,
however, you could apply for ssdi which is social security due to your disability, if you feel you can no longer work.
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
should workers comp take care of my heart condition?
You can apply for workers comp if you feel your condition is due to your job,
if the employer would accommadate you that is ggod,
in terms of what to do know, your only option may be to apply for FMLA,
so you can take time offf for your surgery,
They say the 2 years on temp disability was fmla
if your FMLA time os over,
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,
should comp be responsible for heart attack medical care now?
or they can terminate you as FMLA is the only medical leave that protects job status
If the heart attack was from stress from the job, workers comp should take your case,
and you should apply for it as well.
If they terminated you, consider filing a disability discrimination complaint,
it was caused by exercise at physical therapy worlers comp was making me do
and the employer may be forced into paying you something to settle the matter
you may have a case against the physical therapist
so is it new claim or protest old claim?
it would be the same claim,
and you would have them address the new issues,
I was under a doctors care for 2 years and going to physical therepy fro almost a year, progrressively getting more intense
so I should protest the 33%
and ask that the heart attack be addressed as work related
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