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Post Icon Posted: Feb. 20 2004,4:08 pm Post # 1 see this member send this member a private message  quote this post in reply

Well, as some of you know, I got injured on the job on 8/15/03 and have been on Workmans Comp since.  Well, I get a letter in the mail today from my employers corporate headquarters that says that as of 3/3/04, I am no longer an employee of the company because I have been out for 180 days.  IT WASN'T MY F'ING FAULT!  I want to get healed more than anyone does and I can't stand not working.  I really do love my job too.....Well, until now that is!  Them MF'ers are gonna pay for this one let me guarantee you that!  I am currently still on Workers comp, listed as total temporary disability.  The key word there is TEMPORARY!  According to California State Workers Comp Laws, no employer may terminate an employee as long as they are TEMPORARY disability on workers comp.  The ONLY way that they can terminate your employment is AFTER and IF you are declared to have a PERMANENT and STATIONARY disability, and even then, only if they cannot accomodate your restrictions and limitations caused by your injury, then they can terminate you but must provide Vocational Rehabilitation.  I believe that the minimum fine if an employer does not abide by the law is no less than 3 times the yearly salary of the injured worker.
Since my employers headquarters are in Pennsylvania, I'll just assume that they don't know the California Workmans Comp laws......But, they are about to find out!  I tried calling my attorney but he is out for the day.  I'll get in touch with him Monday for sure and then the shit is gonna hit the fan!




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Post Icon Posted: Feb. 20 2004,4:13 pm Post # 2 see this member send this member a private message  quote this post in reply

I would think you could go back to work for a little while and not loose your job, might loose 'disability' bennies...but you'd still have your jobby job that you love...??? Guess you'll find out more Monday when you talk with your employer...right?  :stupid

Try to have a good weekend and not think too much about it!  :)
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Post Icon Posted: Feb. 20 2004,4:17 pm Post # 3 see this member send this member a private message  quote this post in reply

If he's not released to return, even on light duty, he can't go back.  

That's a first though, I've never heard of an employer successfully terminating a temporary disability worker.  The lawyer should have fun with this.


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Post Icon Posted: Feb. 20 2004,4:17 pm Post # 4 see this member send this member a private message  quote this post in reply

Talk about getting you all fired up on a Friday.  :angry You should win the battle with ease. Our co is paying disability for employees that have been off work for 2-3 years or longer. I guess once you get carpatunnel (sp) your really assed out.  :rolleyes :confused




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Post Icon Posted: Feb. 20 2004,4:19 pm Post # 5 see this member send this member a private message  quote this post in reply

Big companies :guns mess with employee's way to much :banghead  Go get'em.


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Post Icon Posted: Feb. 20 2004,4:25 pm Post # 6 see this member send this member a private message  quote this post in reply

Quote (Wifey @ Feb. 20 2004,4:13 pm)
I would think you could go back to work for a little while and not loose your job, might loose 'disability' bennies...but you'd still have your jobby job that you love...??? Guess you'll find out more Monday when you talk with your employer...right?  :stupid

Try to have a good weekend and not think too much about it!  :)

No, it isn't possible at this time.  I have actually tried going back to work twice since the injury occured but was unable to do my job due to severe pain.  My job involves ALOT of driving and the only thing that helps control the pain is medication.  I am currently on 3 meds, Vicodin, for pain relief (12 per day), Zoloft, for depression created from this situation (1 per day) and a new drug that the doctor put me on last week to help me sleep (it isn't working).
Anyways, since my job involves driving, my employer has a STRICT policy about being under the influence of a narcotic while driving due to liability issues.  The 2 times I tried to go back to work, I didn't take any pain meds and witin 10 minutes of driving, I could not drive anymore due to the sitting in 1 place and the bumps in the road (I feel EVERY little bump).  My office is about 25 miles away and I cannot even drive to the office without pain meds, let alone the driving involved all day long with field service work!

I love my job, and have been there for 4 years without 1 missed day of work until this injury.  I've even worked through a slight case of Pnemonia 2 years ago.  That's how much I Love my job.  I wouldn't take more than 2 days in a row off for vacation because I missed work, and have worked on EVERY X-mas day and Thanksgiving Day since I've been there.....without complaining a bit!  I am also a lead tech NATIONWIDE for a couple of accounts and there is only 2 people in the company NATIONWIDE that have more certifications than I do.
But, this is the way they want to treat me......."F" THEM!




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Post Icon Posted: Feb. 20 2004,4:29 pm Post # 7 see this member send this member a private message  quote this post in reply

And No, I am not cleared for light duty.  The 2 times that I tried to go back were on "light duty" but didn't work due to the "no pain meds" thing.
Besides, my employer has made it clear to all involved that there is no light duty.  One call you may be replacing a keyboard and the next call you may be installing a 200 pound Plasma TV, or replacing a 5' tall (and heavy) server/rack

I'm just soooo F'ing mad! :angry  :angry




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Post Icon Posted: Feb. 20 2004,4:32 pm Post # 8 see this member send this member a private message  quote this post in reply

Looking at my latest work status report from the Doctor.  I'm listed as "Temporary Total Disability until 3/15/04", which is when my next Doctor appointment is.




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Post Icon Posted: Feb. 20 2004,4:37 pm Post # 9 see this member send this member a private message  quote this post in reply

Quote (Wifey @ Feb. 20 2004,4:13 pm)
Guess you'll find out more Monday when you talk with your employer...right?  

I have talked to my employer, at least my manager at the local office.  He said," You are my best tech and I'd hate to lose you, but it is corporate policy and there is nothing that I can do about it"

We'll see what my attorney says about it Monday!




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Post Icon Posted: Feb. 20 2004,4:53 pm Post # 10 see this member send this member a private message  quote this post in reply

Quote (Scuba Steve @ Feb. 20 2004,4:17 pm)
Talk about getting you all fired up on a Friday.  :angry You should win the battle with ease. Our co is paying disability for employees that have been off work for 2-3 years or longer. I guess once you get carpatunnel (sp) your really assed out.  :rolleyes :confused

Carpal Tunnel would be easy compared to what I have.  I have a case of 3 CONFIRMED Herniated discs in my back, 2 of which are severe while the 3rd one is moderate.  My current doctor has brought up the option of taking the 2 severe discs out and replacing them with some new type of discs that pivot.  They have been doing this operation in Europe and Australia for about 10 years now and have about a 90% success rate with little or no pain after recovery from surgery.  Those are pretty good odds I'd say!  Anyway, my doctor said that I am a great candidate for the surgery due to my age (39) and I am in good shape, and the ability for younger adults to recover better.  However, it has only been in the USA for about 1 year now and is still in the research stage so it does not have FDA approval yet, so....the insurance company won't pat for it :angry  :confused   So, I'm reduced to taking 12 vicodin a day waiting for something to f'ing happen :banghead  :banghead  :banghead


Edited by BigBoyToys on Feb. 20 2004,4:54 pm




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Post Icon Posted: Feb. 20 2004,4:58 pm Post # 11 see this member send this member a private message  quote this post in reply

Everything happens for a reason ;) The powers that be are working on other doors openning........take a breath :good . It could be worse. The path is set................You are here in this world with a wonderful family. One door closes and another opens! Good Luck with your case, you do have a point. :peace


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Post Icon Posted: Feb. 20 2004,5:07 pm Post # 12 see this member send this member a private message  quote this post in reply

Quote (Silver @ Feb. 20 2004,4:58 pm)
Everything happens for a reason ;) The powers that be are working on other doors openning........take a breath :good . It could be worse. The path is set................You are here in this world with a wonderful family. One door closes and another opens! Good Luck with your case, you do have a point. :peace

Thanks Silver, that helps :good   I know that everything happens for a reason.

But, another problem that I haven't mentioned yet, is Mrs BBT works Part Time for the same company.  THis is gonna create some big time issues and I kinda have a feeling that Mrs BBT will quit her job.




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Post Icon Posted: Feb. 20 2004,5:23 pm Post # 13 see this member send this member a private message  quote this post in reply

Ouch!


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Post Icon Posted: Feb. 20 2004,5:24 pm Post # 14 see this member send this member a private message  quote this post in reply

Ha!  My attorney just called me :good   and asked me to fax the letter to him ASAP, which I did. :good

He said they DEFINITELY cannot terminate me and if they proceed with it, we will proceed with a Lawsuit! :good

Now I feel a little bit better.  But I'd still rather be healed and have my same job :(




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Post Icon Posted: Feb. 20 2004,6:47 pm Post # 15 see this member send this member a private message  quote this post in reply

Well if the go a head and terminate MrBBT Well lets say I'm going over there and turning in my Pager-cell phone-peice of crap right back to them. I don't like the company anyways.
I'm so glad MrBBT supports me on my career change.


Edited by Mrs big boy toys on Feb. 20 2004,6:48 pm


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Post Icon Posted: Feb. 20 2004,7:02 pm Post # 16 see this member send this member a private message  quote this post in reply

Ok, where you at TopCat?  YOUR employer is pissing me off! :D
BTW, in case those that are following this thread are trying to figure out what that comment is all about, not only am I (??) and Mrs BBT employed by this company, so is TopCat :eek

C'mon TopCat, what's going on over there....don't hold back, tell it like it is :laugh




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Post Icon Posted: Feb. 20 2004,7:44 pm Post # 17 see this member send this member a private message  quote this post in reply

Jim I feel for ya, i went thru the same shit back in the 80's with my back! :angry As long as you're on workman's comp they can't get rid of ya, it's against the law in Ca(unless they changed it) and if the doctor says you can go on light duty but the company don't have it, tough shit they still can't let you go!..Don't let it get to ya man, it will work out!.. :good
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Post Icon Posted: Feb. 20 2004,11:44 pm Post # 18 see this member send this member a private message  quote this post in reply

Jim is there a possibility the right hand just don't know what the left hand is doing here?  Seems unlikely a large company would willingly and knowingly try to terminate you in direct conflict with CA law.  It's just asking to be sued.  Just wondering if possibly there's some miscommunication within going on there as to your disability status.


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Post Icon Posted: Feb. 21 2004,4:59 am Post # 19 see this member send this member a private message  quote this post in reply

Quote (Silver @ Feb. 20 2004,6:23 pm)
Ouch!

Yeah OUCH!


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Post Icon Posted: Feb. 21 2004,6:40 am Post # 20 see this member send this member a private message  quote this post in reply

Quote (Rexone @ Feb. 20 2004,11:44 pm)
Jim is there a possibility the right hand just don't know what the left hand is doing here?  Seems unlikely a large company would willingly and knowingly try to terminate you in direct conflict with CA law.  It's just asking to be sued.  Just wondering if possibly there's some miscommunication within going on there as to your disability status.

No Mike, they definitely know that I'm on Workmans Comp.  In fact, my manager is the person who did all the paperwork initially and he also gave me a "heads up" warning about the corporate policy about 2 months ago.  In addition to that, my manager made arrangements with corporate payroll in the beginning to pay put a little vacation every 2 weeks to offset the difference between regular wages and what workmans comp pays...until my vacation time ran out that is.




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Post Icon Posted: Feb. 21 2004,7:05 am Post # 21 see this member send this member a private message  quote this post in reply

Besides, one sentence in the letter I got yesterday specifically says that, "Your Workers Compensation Insurance will continue after your terminantion of employment from {comapny name}"
Yeah, they know I'm on workers comp.......
Oh well, my attorney has the letter now and since he is a "Injured Worker Advocate" in Sacramento, and goes in front of the State Senate and Assembly frequently to stand up for worker's rights, something tells me that he knows what he's doing and there will be much much more to this story.  I expect to see either my employer backing down from this terminaton, or a large lawsuit filed by my attorney.

At this point, my employer has pissed me off  so bad that I hope my attorney sticks it to them!  You know what the ironic thing is, my employer currently has the largest outside vendor IT Contract with the State of California and in fact, current monthly revenues from the State of California are something like $980,000.00 per MONTH!  That's almost $1mil per month that my employer makes from the State yet they can't follow state laws :stupid   When this is brought to the Attention of the State of California Workmans Comp Board, it should be interesting.  Oh yeah, incidently, I am the "Primary" Field engineer for the state of CA workmans Comp Bureau for our company, which means that when service is needed there, I am the one assigned to the call.  I used to be assigned to the State Capitol also but after a month they had to put someone else there.....apparently Gov. Davis didn't like something I said once :laugh
My employer has MANY Government contracts and large corporate Fortune 500 contracts, as well as many other vendor contracts.  The Biggest one is the airlines....We maintain the PC's and Ticket printers for a few airlines nationwide with American Airlines being the biggest.  I Think SUN Microsystems is the 2nd largest contract,  and on and on.  I believe that the State of CA is like #8 revenue generator in the Western Region.  SO ya see, the company makes lotsa $$ and has lotsa government contracts and can easily be faced with something much more damaging if they were to continue my "termination"  Just for shits and giggles, here is my employers website  http://www.decisionone.com


Edited by BigBoyToys on Feb. 21 2004,7:06 am




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Post Icon Posted: Feb. 21 2004,7:45 am Post # 22 see this member send this member a private message  quote this post in reply

You know, they might just be trying to flush you out.  Threatening to terminate you to see if your just trying to scam them, I've seen it done before.

Chances are the company knows exactly what the law states, but if they could get you to quit outright or return to work, they win either way.

If that is the case, it sounds like you're just caught up in the middle of the petty games that companies play with their employees to get the worthless ones out.  

Stick to your guns BBT (which I have no doubt you'll do), give 'em hell.   :good


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Post Icon Posted: Feb. 21 2004,7:57 am Post # 23 see this member send this member a private message  quote this post in reply

I'd love nothing more than be able to go back to work.  People that know me wonder how I've made it this long (So do I quite frankly).  I am one of those workaholic types.  I can't stand not staying busy and working.  I rarely watch TV so there's really absolutely nothing that I can do and I'm literally going crazy here.  It's a game with them but it ain't with me.  I just want to get rid of the pain and get back to work ASAP but they (the insurance company) want to drag it out because they think that it is cheaper for them.  I don't see how they figure that because the Meds alone that I am taking are costing OVER $1k per month!  And it's just masking the pain.  I am against doctors, always had a problem with someone that "practices" medicine, and I have ALWAYS been against going under a knife.  But, I am at the point where I'm in a hurry for them to do something, even cut me open and fix the thing, but the insurance company wants to take the conservative approach.  If the injury and subsequent pain keep me from having fun this summer at the lake, well, let's just say that this won't be a good thing for me emotionally.
I have already had a few MAJOR bouts with Depression, one time which was very serious (I won't go into details here) and that is why the doctors have put me on Zoloft.  But, it only helps so much.  I NEEED TO GET HEALED AND GET ON WITH MY LIFE!  Damn I hate sitting around waiting for something to happen!


Edited by BigBoyToys on Feb. 21 2004,7:58 am




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Post Icon Posted: Feb. 21 2004,8:04 am Post # 24 see this member send this member a private message  quote this post in reply

Sorry about the pissing and moaning here :cry  :rolleyes   I'll try to stay on topic :D  :good




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Post Icon Posted: Feb. 21 2004,8:12 am Post # 25 see this member send this member a private message  quote this post in reply

Quote (BigBoyToys @ Feb. 21 2004,8:04 am)
Sorry about the pissing and moaning here :cry  :rolleyes   I'll try to stay on topic :D  :good

I have had a few w/c cases to deal with and i would never let someone go while on W/C, that is just asking for a problem. But if they don't follow the rules of W/C and i want them gone i will axe there ass in a heart beat..Documentation is the key to winning the fight...

good luck BBT hope thing work out well for you..

BTW  Get better soon and get off the meds. :good  :D


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