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    diamondeve's Avatar
    diamondeve Posts: 2, Reputation: 1
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    #1

    Feb 15, 2009, 09:03 AM
    FMLA and Unemployment
    My Q is I have been released from workers comp. Reached MMi on 12/22/2008. At that time no limitations applied. But being docotor didn't put down no kneeling I had a problem at work. I had arthroscopic knee surgery and chondroplasty. Painful to kneel. My employer called workers comp and set up doctor appyt for me. Went back to doctor and he now says pre-patellar bursitis.and added no kneeling as only limitation. My employer released me back to full duty brefore this appointment and I could not keep up with the alloted time for the job. I could do the job it just takes a little longer. Now my employer told me I am on FMLA leave as of this moment and not to return until either I used all my days or doctor released me back with no limitations. I told employer I couldn't afford to do this now because Im alreadt behind on bills and husband unemployed. He just told me to fill out papers and return them. I have worked as a housekeeper their for 5 years worked through my injury and only 2 weeks off for surgery. I can work and want ot and can't afford time off. What can I do? I just ewant them to let me work. Any help or advise would be appreciated.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Feb 15, 2009, 10:28 AM

    It sounds to me as though you may have reached MMI, but that you do have a physical limitation. Do not let the employer 'push' you around on this. If you do not have a lawyer, you may want to find one who is knowledgeable about workers comp. Some employers do not mind seeing an injured worker screw themselves out of benefits; they do this by frustrating the employee into either quitting, or violation a rule and getting fired; after which, it is difficult to reinstate workers comp benefits. Does you state allow for an independent medical evaluation? You can call the board of workers comp and ask. But you probably need legal assistance as well.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 15, 2009, 02:20 PM

    If you are still out on a workers injury ( if this was caused by an injury at work) then you still should be receiving workers payment from them.

    You can not receive unemployent if you are not fit for work
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