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long term disability/return to work

  • Thread starter Madeline Miotto
  • Start date

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Madeline Miotto

Guest
What is the name of your state? Michigan

in august 2001 i left work (american airlines) because of unexplained pain that i had been experiencing for years but had reached my pain tollerance. i saw 9 doctors in michigan and couldn't get a diagnosis. i went to mayo clinic and was diagnosed with fibromyalgia. i've been through physical therapy twice and am now on a regular exercise routine at the ymca to strengthen and lenghen my muscles. my doctors have placed me on perminent restrictions.

my question is this. if american dosen't have a position available to accomidate my restrictions, are they obligated to accomidate me by altering the conditions of my own job, a ticket agent, or to create a position? I have been with american airlines since 1973. what i need are consistent hours, i.e. 9-5, so that i can get restorative sleep, imparative with fibromyalgia. i'm not able to stand all day. i need to stand and sit alternatly, i'm restricted from lifting over 20 pounds and stress is a trigger of fibromyalgia. i am 57 years old and weigh 123 pounds, in case that matters.

for 8 monthes i was without an income of any sort while i fought for my ltd. after 2 appeals i finally won. my ltd will run out on october 3, 2004 at which time i will have no income unless i either return to american or find a position elsware. american has released me to work elseware without taking me off of payroll. i have a total of five years with american for them to, perhaps, have a position for me. (I'm self supporting) thank you for any advise you can give to me.
 
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Beth3

Senior Member
"if american dosen't have a position available to accomidate my restrictions, are they obligated to accomidate me by altering the conditions of my own job, a ticket agent?" No, they are not.

From what I observe when I travel, I can't imagine that you could perform the duties of a ticket agent with those restrictions, nor that there's any way they could accommodate your restrictions in that position should the employer be willing to consider that.
 

cbg

I'm a Northern Girl
Even assuming that you qualify under the ADA (which has not been definitely established although it seems likely) the company is NOT under any obligation to create a new job for you, remove any of the essential functions of your position (although removing non-essential functions can be okay), put you into a job for which you are not qualified, or bump someone else out of their position in order to put you into it. IF there is an open position that is within your restrictions and for which you are qualified, they should be looking at transferring you into it but they do not have to make up a job for you or alter your job significantly.
 
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dropitby

Guest
I would think if they don't find a job for you then you can go on total disability so at least you get medicare and some income till SS kicks in.Just my opinion not sure. :confused:
 

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