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  1. #1
    Join Date
    May 2011
    Posts
    6

    Default Terminated Due to Restrictions

    If my employer terminates my employment due to work restrictions imposed on my job duties by my treating W/C Doctor and I haven't yet been told that I've reached MMI do I begin to receive bi-monthly benifits? (there is a term for those benifits I think(?).
    There exists a sipulation in my employment agreement and in my union contract that clearly states that if I can't perform my job as per the job description I can be terminated. I have no problem with that.
    In the event that I am terminated and I DO receive bi-monthy benifits does that compensation continue past MMI and the Impairment Rating and until there is a settlement reached or am I dropped off at the time of the MMI and Rating? I've heard that going thru arbitration toward a "settlement" can take quite a long time.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Terminated Due to Restrictions

    There are benefits paid for TTD/Temporary Total Disability, and PPD/Permenant Partial Disability, there are no benefits in the specie you describe...for being terminated.
    There exists a sipulation in my employment agreement and in my union contract that clearly states that if I can't perform my job as per the job description I can be terminated. I have no problem with that.
    A CBA/Collective Barganing Agreement...Union contract, would superced any other WC rules/statutes.

    You may be eligible for UI benefits though once you are MMI and your ER cannot provide a job within your restrictions.

    Have you discussed these issues with -your attorney?

  3. #3
    Join Date
    May 2011
    Posts
    6

    Default Re: Terminated Due to Restrictions

    Thanks for your reply BvIA. The attorneys I've tried to discuss this with (or their para-legals) don't seem to want to talk about anything except being hired to arbitrate if needed. I can understand all of that but here is the "what if" I'd like you to address if you can.
    What If an employee has an open W/C claim, is currently being treated for that work related injury, has had restrictions imposed on his/her job activities by the treating Doctor, those restrictions have been communicated to the employer, the employer terminates the employment of that employee because that employee cannot perform their duties to the extent of the "job description", and this happen BEFORE the employee has reached MMI or been evaluated for Impairment, is WC compelled to give the terminated employee bi-monthly (TTD ?) benifits? If so, then for exactly how long? Until the impairment rating is arrived at? Until their is a "settlement" arrived at?
    I'm not concerned right now about either UI benifits and I don't think having an attorney at this time is appropriate.
    Any information would be appriciated.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Terminated Due to Restrictions

    An open claim where you are paid TTD has nothing to do with termination.
    What If an employee has an open W/C claim, is currently being treated for that work related injury, has had restrictions imposed on his/her job activities by the treating Doctor, those restrictions have been communicated to the employer, the employer terminates the employment of that employee because that employee cannot perform their duties to the extent of the "job description",
    I am taking statement out of your sentence because you are overlapping issues. When your Dr releases you to PTD/Partial Temp Disability, with restrictions to return to work, your ER should determine if other/modified/alternative/sedentary work is available...not necessarily your pre job funciton.
    IF there is no light duty work available... you should return to TTD status...you have not been released at MMI.
    If so, then for exactly how long? Until the impairment rating is arrived at? Until their is a "settlement" arrived at?
    "Either/or" questions are difficult to respond to... generally speaking..and I have not read the MT statutes...you would be due TTD until MMI has been reached... once you are rated, PPD/Pemenant Partial Disability benefits would be due.
    There is no guarantee of a cash settlement.... you are due benefits.

    Don't know about your mediation process... again, I'd have to go to your MT WC Act.

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