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Disability documentation

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K

KYSassy

Guest
What is the name of your state? Kentucky

As many of you know, I am involved in an EEOC charge. That is still in progress. Now I am having another problem.

I have been fighting for unemployment benefits since 3/4/03. The latest hearing was for the subject of separation. I am in the process of an appeal of the determination. I was sent home by a senior manager and told not to return to work until he called me.

Now, the owner is trying to say that I just quit. One of the reasons he considers this scenario is that it took me 10 days to
get the additional information related to my permanent limitations.

I supplied it to the company on the day that my doctor signed it. The request was treated as he treats most letters he receives. He did it when he found the time, which happened to be 9 days later.

My question is this:

If my employer wanted a more timely delivery, shouldn't he have paid for me to go for an office visit to secure the information?

My condition is not under current medical care. My insurance co. would not cover an office visit because this issue relates to a workers' comp claim from 1999-2000. So, since I couldn't afford another non covered office visit, I dropped off a written request for a more detailed statement of my limitations.

The unemployment office has determined that I took too long in getting the requested information to my employer. I am in the process of appealing this finding.
 


Beth3

Senior Member
"If my employer wanted a more timely delivery, shouldn't he have paid for me to go for an office visit to secure the information?" Even though your employer asked for the information, they were under no obligation whatsoever to pay for the office visit.
 
K

KYSassy

Guest
According to KRS 336.220:

"It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employee as a condition of employment."

Considering the fact that I already had given my employer a written statement of my permanent limitations, wouldn't this have required my employer to pay the cost for me to obtain
the additional information that he wanted?

He is saying that I was sent home because he needed more detail of my permanent restrictions/limitations. He never told me that my continued employment hinged on this additional information, however, he did not reinstate me to work even after receiving the additional information.

Recently, he contacted an attorney and was advised to reinstate me to my original position. Now, the question of backpay is an issue. He is still fighting my unemployment for the past 2 months. I am still appealing for it and there is also an EEOC mediation scheduled for next month.
 

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