Welcome to City-Data.com Forum!
2,500,000 members. Thank you!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 06-26-2013, 11:14 AM
 
13,030 posts, read 20,653,680 times
Reputation: 21189

Advertisements

The issue I see is that the first light duty restriction was based upon an emergency incident. That normally results in a light duty restriction by the hospital doctor. This is normal and customary. To an employer, this is nothing but a single temporary restriction resulting for the emergency situation. It does not mean a permanent restriction. So accommodating a person for temporary reasons may not be possible in some environments. That is what the 'qualified to do so' HR person told you.

Now, the second doctor’s visit resulted in a physician statement that you cannot return to your previous work duties. That makes it a permanent work restriction. My concern is; did you give the company a chance to accommodate you on a permanent basis before you quit? It doesn’t matter what HR said when it was temporary (they have no light duty work for a person only doing it few days or weeks), the permanent restriction may have resulted in an offer of another permanent full time position (they have openings for full timers doing this as their assigned work duties going forward) as an accommodation. Unemployment will have to wrestle with the question of you quitting before even knowing if you could or would be accommodated on a permanent basis. Talking to the secretary may not be the same as getting it from the horse's mouth.

As other have said, this wouldn’t have even been an issue had you asked the second time for a permanent change of duties and were denied. Your employer could claim they couldn’t do it on a temp basis when you first asked, but they had a full time admin position that just opened up but you quit before they could offer it to you. I think you will get it, but there could be a little skirmish first.
Reply With Quote Quick reply to this message

 
Old 06-26-2013, 11:53 AM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
OK, thanks for the responses. I suspect this will require me to:

1. See the doctor once again..(Getting in does require me to push the receptionists a bit, but I have done it before)
2. Take a short loan out, which I can.

Not worried, have stayed calm through all this (Like chyvan did for that long appeal) and know that it'll all work out. I look back and think about "What could I have done?" and such...It's too late for me, but if someone else is in my position some weeks down the road, and they are looking for answers, my experience iwll guide them through I hope. So this hassle is all worthwhile.
Reply With Quote Quick reply to this message
 
Old 06-27-2013, 01:07 AM
 
1,359 posts, read 2,463,768 times
Reputation: 1221
The underlying issue is: can you work a 40-hour week? You don't have to do your old job, as long as you are able to work in some capacity for 40 hours a week.

Have the doctor answer that question in writing.

Good luck!
Reply With Quote Quick reply to this message
 
Old 06-27-2013, 09:39 AM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
I suspect what is the issue, is the "When" I was available for "Light Duty" as the doctor said "No" when it asked if I was released for work. He then added "Patient is released for light duty" so they're questioning the "When" part....

I mean I know they have to be sure about the whole deal, but I looked over the paperwork and to me it's pretty straight forward, but then again I'm not the one paying for this...
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 03:30 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
OK, Home stretch is in sight. Received ruling today regarding medical quit (in their words)

When you filed initial claim, you reported quitting (Employer)
Reported quit was for medical reasons. Stated Doctor recommendation because of COPD and need for oxygen.
Employer reported quit because doctor wouldn't release you for full time work because you have to be on oxygen
Doctor reported you are unable to work and have not been released for full time work.

Reasoning:

Quitting job based on medical reasons under a doctors recommendation, good cause has been established.
Availability for work will be addressed in a separate decision.



Now, we come to an interesting section. I have been given the forms to report whether or not I was looking for work. HOWEVER they have a kicker up at the top.

2 questions and here they are:

1. Were you available for work for all hours/days for your occupation?

2. Were you physically able to work for all hours/days for your occupation?

I cannot go back to my old job, nor can i do that type of work again. So I am thinking that they are looking at my NEW classification. I am not sure about this, that's why I posted this information.

I have looked for other work I can do (Light duty, no heavy lifting) I have copies of my work search, so that's covered.

I am leaning to saying "Yes" to both (I was looking anyway and could work) they also ask what my occupation is, I am thinking "Light industrial laborer" as that was my label before, it's only slightly changed....

OK, I'll be checking and won't report or write anything down just yet.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 04:20 PM
 
14,504 posts, read 30,877,982 times
Reputation: 2562
Don't get suckered in by the questions. Hand change the "your occupation" to "an occupation," and then answer the question correctly. You don't have to be available to work your occupation. Only that you can do A job.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 05:08 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
Thanks for the advice. When I read your answer, it then came to me about my "Occupation" which has been "Laborer" there's never been any solid definition of that except for someone who labors.

So, "Mentally" I approached the question as though it said "An occupation" and marked yes I was available and able. I can't do heavy lifting, but I CAN work....So I didn't lie and know I'm in the clear.

Thanks for opening my eyes on that...
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 05:19 PM
 
14,504 posts, read 30,877,982 times
Reputation: 2562
Also, is this accurate. From your earlier post I thought the doctor said you could work light duty, etc. If the deputy is taking stuff out of context to try to get you disqualified on an able & available basis, you should provide the proper doctor's statement a second time, and call their attention to it.

Quote:
Originally Posted by Disgustedman View Post
Doctor reported you are unable to work and have not been released for full time work.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 07:02 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
Hmmm..I see your point.

I'll go back and reread the form he filled out. If I see where they may have gone off track, I'll include it also. I do know the doctor DID write (3 times) that I was OK for "Light Duty" work....

This could be an attempt to screw me over, it could be they also made a mistake in their reporting.

It could be the doctor missed a question....

Thanks again.
Reply With Quote Quick reply to this message
 
Old 06-29-2013, 02:35 PM
 
Location: Yakima yes, an apartment!
8,340 posts, read 6,700,522 times
Reputation: 15129
OK I have submitted the forms WITHOUT calling attention to the medical certification Here's why:

1. My doctor did and did NOT release me from work on the Medical Certification The question was "Is the patient released for full-time work"? He marked NO. He DID write below I WAS released for full time work of a "Light Duty" nature. I suspect his thinking is "I won't release for "Normal duties" only "Light Duties" I suspect the "claims adjuster" only looked at that and not what was written below. I also saw further that my doctor wrote twice more (As I said previously) that only "Light Duty" was permitted.

2. I felt that by bringing attention to this form (Again) that I might risk them stopping payment. I felt that this was a either or type of issue. They could stop it if I say nothing, they could if I do say something. (I looked at it like an adjuster and frankly I can see 2-4 places I could scream about if I was trying to deny benefits)

The thing is, that my "Quit" was ruled "Good and Proper" The next question was not whether I was eligible for the benefits, but have I done my "Due diligence" (Looked for 3 jobs per week) I sent in my job search logs as proof. Each job was documented and all of them "Light Duty" type of work.

I feel that while this MAY cause an issue, I have enough proof to win any appeal (I know, it's best to NOT have to fight) so I don't worry about that.

I so do appreciate Chyvan and amaiunmei for your advice and assistance. I will update as usual...Looking back, wish I'd know of this place, then I could have probably has less hassle then now..But oh well. I'll survive in any case.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
Similar Threads

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top