QUESTION
Does his work have the right to not reinstate his benefits when he is able to work the same amount of hours that he had previously?
Asked on Apr 01st, 2014 on Labor and Employment - Idaho
More details to this question:
My husband was injured at work, which under the law, the employer can offer cobra until they return to work. My husband did return to work in a light duty capacity and at 40 hours a week, but his company is refusing to reinstate his health benefits. The HR stated that he needed to return to work with the amount of hours he was at previously which makes no sense to me because upon reviewing all of his pay stubs for the past 15 years, he has worked varying hours such as 38 to 52 hours a week. There has never been a set amount of time or hours posed upon him. Now, the surgeon has released him to work at the present position they have placed him in, which is still considered light duty, but with work hour restrictions that would still allow him to work overtime 10-12 hour days (50-60 hours). The Ortho did tell him that he is permanently disabled due to nerve damage related to his work injury.
4 ANSWERS
Workers Compensation Attorney serving San Bernardino, CA
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Nancy Wallace, Attorney at Law
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Labor Code 132a makes it a misdemeanor crime punishable with a $10,000 fine IF a Workers Comp judge decides that cutting off 'benefits' when a worker works just light duty and is not yet released to full duty with no restrictions. IF there is a Memorandum of Understanding that is, a work contract that says workers on a special 'light duty' assignment do NOT accrue full benefits as to workers on unrestricted duty, then there is no penalty due. IF the judge finds there is a 'business necessity' for this company that only workers on full, unrestricted duty accrue benefits and those on special modified-duty jobs do not, there there would be no penalty. IT would be a long, drawn-out Workers Compensation trial.?? But it may be worth it. So: this will require a Certified Specialist in Workers Comp (those "TV" "fight-for-you" people don't file or try these 132a cases). BE ABSOLUTELY CERTAIN that the workers comp attorney you hire WILL file, serve and try the 132a claim... many many people get an attorney who will only do the injury portion of the claim and refuse to file or try the 132a petition because the 132a petition is three times the work for 1/2 the money.
Answered on Apr 23rd, 2014 at 6:06 AM
His benefit has to be reinstated when he is back to work. You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 07th, 2014 at 8:07 AM
Contact an attorney.
Answered on Apr 07th, 2014 at 8:06 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your husband needs to talk with a local worker's comp attorney to see what his rights may be.
Answered on Apr 04th, 2014 at 6:02 PM