Legal Question in Employment Law in California
Am I covered under the Federal ada law
I have a QME report, physician's report to support my mental injury due to
direct continue harassment discrimination, when I filed a informa, formal harassment charge. This aggravated my pre existing heart disease
condition, and elevated my blood pressure. My employer has a attorney, but
he has shown any proof as to why they should not pay this claim after they sent
me a denial letter in the mail. I have been off work 11 months temporarily
total disabled due to elevated blood pressure and mental stress. They never
sent me to see a physician, and refuse to acknowledge my QME, and physician
reports.
How do you count character? I hope I did not go over.
1 Answer from Attorneys
Re: Am I covered under the Federal ada law
Its not clear as to whether you are covered by the ADA. Generally a medical or mental condition that interferes with a major life activity is a disability under the ADA, so long as you can perform the essential functions of the job.
However, it sounds like you have a workers' compensation claim. Find a workers' comp specialist ASAP as you may have a limited time to file a claim.