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ISowner

Junior Member
What is the name of your state? Virginia
I was placed given interminent FMLA for my neck(degenerative disc disease) almost a year ago.During this time i called into work told them i was taking FMLA and then within the 30 days my employer requested i went to my doctor for a work excuse.Well this time i went to my doctor and he just plain refused to give me a note saying ''i was milking the system'' so on and so forth.(he never actually told me this he wouldnt return my calls and refered the message to nurses and the office manager)Since I did not get the excuse from him and I didnt have any ''no fault time'' to cover it I have been terminated. I have asked around and have heard that as long as he approved it a year ago he cannot deny me an excuse per government law. Is this true?It was never a problem before this went on every month for the last year and nothing was said untill now. Secondly I was injured at work and was sent to my employers docotor and all they ever did was poke me a few times and ordered 2 PT sessions.(they never even diagnosed) The theapist said i was in pretty bad shape but no one would know how bad untill i had x rays.Well this same week out of the blue Workers Comp denied me saying my injury isnt covered and since i had restrictions they made me take a leave untill my doctor cleared me which caused me to lose my job anyway now i dont have any insurance or any way to get my short term disability!! Any advice?
 


Beth3

Senior Member
I have asked around and have heard that as long as he approved it a year ago he cannot deny me an excuse per government law. Is this true? That is not remotely true.

Since I did not get the excuse from him and I didnt have any ''no fault time'' to cover it I have been terminated. If you were unable to obtain certification from a physician (any qualified physician) that your medical condition continued to require intermittent FMLA leave, then your employer was free to count those absences against your attendance record and terminate your employment if you were excessively absent under their policy.

Secondly I was injured at work and was sent to my employers docotor and all they ever did was poke me a few times and ordered 2 PT sessions.(they never even diagnosed) The theapist said i was in pretty bad shape but no one would know how bad untill i had x rays.Well this same week out of the blue Workers Comp denied me saying my injury isnt covered and since i had restrictions they made me take a leave untill my doctor cleared me which caused me to lose my job anyway now i dont have any insurance or any way to get my short term disability!! What the WC carrier determined was that they were not liable for your injury. If you wished to dispute that decision, you were free to appeal their decision file for a hearing with your State's Worker's Compensation Division. Information on how to do that would have been included with the letter of denial the WC carrier sent you.
 

ISowner

Junior Member
I had that already i just needed the excuse from him...he is still treating me for the condition and still having me come to his office upwards of 3 times a month for it so i doubt thats the situation. This man knew I was going to get fired if he did not give me an excuse for the days i missed on fmla and he didnt care. He wouldnt answer my messages i had to deal with the office manager and nurses for 3 days and not one word from him. He's always making me come in for "checkups" which are nothing more than asking how many pills i have left and nothing more. He has never informed me i was doing anything wrong with the fmla and in the 11 months prior obtaining a excuse was never thought twice about. The manager was baffled that he told me my condition would not get better and will actually worsen but never offered any refferals to other doctors or specialists.This man knew my job, money, and well being was at stake and completly screwed me over. I know most people will say "i'm sure it all his fault" but how am i in the wrong by doing everything the way it was always done? I was never informed i was doing anything wrong so why should this man "punish" me the way he did. Also he spoke briefly before ducking out of the room like he always does before answering any of my commnets or concerns that he has been in contact with my employer and i seen the notes and messages in my file from them.I gave no consent for this and im sure thats wrong too.
 
Last edited:

acmb05

Senior Member
If you have been out of work

this long why didnt you apply for short term disibility in the first place instead of using FMLA? The disk disease would also qualify you for full disibility I would think.
 

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