Anyone well versed in workmans comp. laws?

Discussion in 'Family Life - Stories, Pictures & Updates' started by gritsar, Sep 29, 2010.

  1. gritsar

    gritsar Cows, Chooks & Impys - OH MY!

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    Need some advice. I'm going to try and make a long story short here.

    My DH has been a police officer for 28+ years. Twenty-eight years is the minimum number of years needed for him to retire with a full pension. The police department he works for is a small dept., in a podunk town.

    DH broke his leg while working a traffic accident back in March of this year. The break would likely have healed quickly had it not been for the incompentency of the local hospital. He wound up with blood clots in his leg, which led to pulmonary embolisms. Some of the blood clots also affected his heart and he ended up having to have a stint placed in his heart. So, four hospitals in two weeks before he was able to come home to heal. His lungs have yet to heal and he is undergoing more tests. This week the WC nurse informed us that they want to send him to a pulmonary specialist in Little Rock. She also told us that since our internist (who has been handling the blood clot part of the situation) is closing his offices, that WC insists that he start seeing a WC specialist. Today DH will be going for another pulmonary function test ordered by our doctor. The WC nurse said she's not sure WC is going to pay for this test, but since our doctor feels it needs to be done, we're not worried about it. Our regular medical insurance will pay for it or we will pay for it out-of-pocket.

    Ever since he got the boot taken off his leg, back in early June I think it was, his boss (the chief) has bugged the tar outta him about when he's coming back to work. He calls here weekly and after each and every doctors appt.

    This morning the chief called and said that they want DH to come up to city hall tomorrow because the mayor wants to have a talk with him. This has us worried.

    From what little I know about workmans comp. I don't think they can force him to retire while he's still on it. I also know that it would be a bad idea for him to retire until ALL of his medical issues related to the accident are resolved. Once he retires he will have to obtain his own medical insurance and it would be hard to obtain insurance with this pre-existing stuff going on.

    Advice? TIA [​IMG]

    ETA: Once DH does retire, he will be the first police officer in the history of the dept. to retire with a full pension (full 28 years) and only the second city employee to ever do so. The city is not happy about that, as they don't want to have to pay the pension.
     
    Last edited: Sep 29, 2010
  2. HorseFeatherz NV

    HorseFeatherz NV Eggink Chickens

    Grits - I would make a visit with a WC attorney - some one who knows the laws of your state.
     
  3. easttxchick

    easttxchick Lone Star Call Ducks

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    Ah, employer loyalty, ain't it grand?
    There ain't no way, no how I'd retire while on WC and not sure why they would even suggest such a thing.
    I wonder if your medical insurance would even cover the remainder of medical costs he incurred as the result of an OJ injury if he retired?
    I hate that you all are dealing with this, now. [​IMG]
     
  4. gritsar

    gritsar Cows, Chooks & Impys - OH MY!

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    easttx - This has us worried to death. Keith says he's not worried, but I know he is. I am going to talk to him some more today and see if I can attend the meeting with him. Keith is too easygoing sometimes and can be pushed around. The same can't be said for this Mama Bear.
    Horse - thanks for the reply. I'm trying to talk Keith into that, but again....the easygoing thing.
     
  5. easttxchick

    easttxchick Lone Star Call Ducks

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    Whatever else you do, Kat, make sure he doesn't let them force him into retiring. Period!
    I can FB or PM you some more info if you want.
     
  6. gritsar

    gritsar Cows, Chooks & Impys - OH MY!

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    Quote:That would be great Sheila. I'll PM you my email addy right now. Kinda in a rush this morning because we have to drive to the city for his pul. function test and I need to start getting ready.
    TTYL (((HUGS)))
     
  7. cluckcluck42

    cluckcluck42 Chillin' With My Peeps

    Oct 4, 2009
    Quebec
    That would be just too evil of them, I hope it is about something else. If I were you I would want to be there with him at the meeting as well. I really hope they are giving him a key to the city or something! Better not be what you think it is.
     
  8. churchx3

    churchx3 Chillin' With My Peeps

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    I am an insurance agent in GA and can only tell you workers comp laws differ in every state. Since your husband is so close to retiring, and since the city seems to be hounding him you may want to talk to a respected workers comp attorney. Not one of those guys whose face is on every bus or tv commercial but a respected workers comp attorney. It would probably be better for your husband to have someone in his corner then to face the city alone. I am NOT saying that the insurance carrier is trying to take advantage it is the City (employer) I would be concerned with...
     
  9. herefordlovinglady

    herefordlovinglady It Is What It Is

    Jun 23, 2009
    Georgia
    Is Arkansas an "At Will" State? Meaning the employer can fire him for any reason or for no reason (aside from discrimination). Most employers will not fire for No Reason, because it leaves them wide opening for a wrongful termination suite. The worker's Comp claim cannot be closed until your DH receives a full release from the medical doctor, or your DH can choose to "settle" the case. That way it gets closed and anything he has relating to his injury will not be paid for by Worker's Comp. As far as forcing him to Retire, if that is what they are wanting to talk to him about, I do not believe they can force him, but they can offer it to him. Your medical insurance will be in effect for 3 months (at the rate the company pays) and then you have to switch to a COBRA plan (way out of line expensive).

    Hopefully, they are just wanting to get a look at him and find out how he is doing. They are looking to end this WC claim just as soon as possible.
     
  10. Tala

    Tala Flock Mistress

    Get a lawyer.

    Podunk towns are as backwards and corrupt as they come.
     

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