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finishingfirst

Junior Member
What is the name of your state? New York
On November 1st of 2004 I received 2 herniated discs in my upper neck when my vehicle was rear-ended. After visiting my doctor, I was given a doctor’s note specifying I could return to work with light duty. My employer informed me there was no light duty available and I was to take the week off with no pay. Thankfully no-fault insurance covered everything. In addition to the week of light duty, I was required to receive physical therapy for six weeks. My employer made no bones about her objections to my treatments and her disbelief as to my injuries with such comments as, “He is wherever he says he goes… the physical therapist, if that is where he goes. These appointments would take approximately 1-½ hours out of my workday and were clearly documented. In addition, I was very willing to work later or earlier to make up for lost time. My employer usually didn’t allow me to.
Having a large family to support, I crawled to work if I had to… the pain getting worse and worse. After doctor appointments, MRIs, EMGs and other tests, my choices were spinal steroid injections or an operation to fuse my discs together. My family needs me; so therefore, the injections are my logical choice. My doctor again restricted me to light duty with NO LIFTING from March 9th until March 16th in fear I may seriously injure myself. When I informed my employer of the doctor’s orders, she was obviously angered. She went as far as calling my physician without my permission. When my doctors’ receptionist told my employer that “No Lifting” meant “No Lifting”, my employer told the receptionist, “Well, then he will have NO JOB.”
I continued scheduling my appointments, taking the earliest appointments available in an attempt to hasten my return to work Unfortunately, even with my good faith, the doctor had to extend my time away from work until the 6th of April.
Finally, we get to my problem. My employer called me in for a meeting. Her general manager proceeded to say to me, “I am not saying I am firing you. But, I am not saying I am holding your job either. We will see where everything is after the procedure.” He then continued to say that my employee medical insurance plan, the Oxford Freedom Plan, would terminate because due to doctor appointments and medical restrictions I am working less than forty hours a week. The General Manager suggested that I, or No-Fault, Cobra my medical insurance.
This just doesn’t seem legitimate. Recently, another employee broke his foot and was away from work for two weeks without a blink of an eye. Another employee who is required to do the same job description as myself came in with a doctor’s note requesting he be restricted to light duty do to a rotary cuff injury. Unlike myself, he was accommodated with light duty requiring me to do additional hard labor. This is a small company; An owner and six employees.
My concern is I am being tricked out of rightfully entitled possible future benefits such as disability, unemployment and even my weeks paid vacation that I will be entitled to as of the 23rd of March.
Can my medical really be terminated because due to a medical condition I cannot presently maintain a forty-hour workweek?
 



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