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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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My doctor gave me a letter stating i cannont return to the

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My doctor gave me a letter stating i cannont return to the company i worked for due to medical reasons. But i can look for work outside the company. I faxed my letter to the company and there not giving me a definitive. I've been off my job almost three years on a medical leave. I won a culmnative trauma from stress and specific injury case. Am i entitled now to a voucher for retraining and unemployment benefits.
JA: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: I have a work comp attorney, but isnt this an employment law issue.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: At will no union.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My case was granted an appeal by the recon panel because my case was not handled appropriately.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Thanks for providing this information. However, I'm not sure I understand your question. What specific questions did you have for me regarding this today?

Customer: replied 6 months ago.
Can i receive my voucher for retraining and begin receiving unemployment benefits.

I may need some additional facts so I can help you out:-). You said that you won a cumulative trauma from stress. Can you describe what you mean? Also, as far as the voucher, is this a voucher that you would receive from your state or county?

Customer: replied 6 months ago.
The case went to trial we were unable to settle. Judge awarded me a culmnative injury award from injury casued by stress. I did not agree with award so i appealed case and reconsideration panel for state granted my appeal. Im in appeal process now. in meantime my doctor gave me a not stating i cannot return to that company due to medical reasons. but i can seek employment outside of the company. I sent the letter to the company they received the letter said thank you and they would forward to their insurance company. No other communication going on four weeks. they still have me as employee, Ive been off work almost 3 years. I understand im entitled to a retraining voucher. What can i do.
Customer: replied 6 months ago.
I believe voucher would be from state but no sure.

I see what you mean. Thank you for clarifying. One moment...

One last question: the state isn't telling me what state you're in. What state is this?

Customer: replied 6 months ago.
i live in las vegas now but my case is in los angeles.

Excellent. Did this injury occur between Jan. 1, 2004 and Dec. 31, 2012?

Customer: replied 6 months ago.
Culmnative speaking yes since 2009 but i left work May 19, 2015 and filed work comp case around august of 2015.

Understood. Ok, so , as you may know, in the state of California, employees injured between Jan. 1, 2004 and Dec. 31, 2012, with injuries that result in permanent partial disability who do not return to work for the employer within 60 days of the termination of temporary disability, may qualify for the SJDB (job displacement) voucher.

According to the state, the voucher must be provided within 25 calendar days from the issuance of the permanent partial disability award.

In your case, if it's been longer than that time, then you may need to contact the Division of Workers' Compensation and tell them the employer has not provided it. They usually will contact the employer and require them to send the voucher, or they may pay for the voucher up front and collect from the employer.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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