Workers comp & FMLA

[surfergirl336]

I went out on workmans comp on 5/7/04 and on 6/11/04 my employer sent me a letter stating that I was on FMLA. My question is was I suppose to use my FMLA when I was out on worksmans comp, and if I was did they notify me in the proper amount of time?

I would also like to know if I am entitled to have a second opinion? and whether I can pick my own doctor? When I asked if I could see another doctor I was given the run a round.

 

[cbg]

"was I suppose to use my FMLA when I was out on worksmans comp, "

Yes. It is perfectly legal and quite common for FMLA and workers comp to be used at the same time.

" if I was did they notify me in the proper amount of time?"

Technically, no; however as long as you receive all the time you are entitled to by law and you do not suffer any damages by virtue of the late notification, there is case law that will keep your employer from being held liable.


The remainder of your questions cannot be answered because you did not follow the instructions at the top of the page.

 

[surfergirl336]

Sorry about that I am from Indiana.

So I ask again. Am I entitled to a second opinion? and if so can I choose my own doctor? When I asked about seeing another doctor I was questioned why and told I would have to see another of my companies doctors. Oh just so you know I work for a medical clinic. I would like to choose a doctor outside of the clinics I work for.

 

[cbg]

According to my information, in your state the choice of physician lies with the employer, not with you. You may receive treatment from another physician only in the event of an emergency or for other good reason. I can find nothing that says you have the right to request a second opinion. Sorry.

 

[bertarmendariz]

[I never did this before but here goes I was denied short term disability from SBC SMAART group even though my Kaiser doctor certified me disabled with sever depression and very high stress. I appealed it 2 times and denied 2 times, but yet SBC fmla approved my 2 months off after they called my doctor what do I do now

 

[cbg]

Since you're new here I'll go ahead and provide an answer. However, next time, start your own thread instead of hijacking someone else's, okay?

FMLA and STD are two entirely different things. FMLA is medical leave; STD is income replacement. Just because you are eligible for medical leave does not mean that you meet the definition of "disabled" for income replacement. Nor does the fact that your doctor called you disabled mean that your STD carrier has to approve you regardless. If your condition is not covered under the plan or if you do not meet the definition of disabled under the plan, they do not need to provide STD benefits no matter how many doctors use the word disabled, and no matter whether how much medical leave you are approved for.

 

[rmet4nzkx]

[I never did this before but here goes I was denied short term disability from SBC SMAART group even though my Kaiser doctor certified me disabled with sever depression and very high stress. I appealed it 2 times and denied 2 times, but yet SBC fmla approved my 2 months off after they called my doctor what do I do now

Get yourself an attorney, SBC/SMAART will deny disability applications and appeals and not even follow company policy etc. even if you get SSDI which is a higher standard! Be very careful there are loopholes.