Legal Question in Employment Law in California

dened benefits for illness

I sked this question before and was told to find a comp attorney - none want to handle the benefits issue. The comp injury is accepted. The company pays salary continuation benefits to augment the TTD payments. I have two orthos, one rheumo, and one chiro who have agreed and confirmed my dx. The company still won't pay and it has been 3 months. I have a LTD policy with the company that I pay for - but they tell me I am ineligable since they are still denying the STD. I have followed the appeal process. They set up two IME's and both times the IME doctors cancelled the appts. I finally went back to work modified because of the financial burden - I can't live on TTD. The 6th day back I was fired for trumped up charges of misconduct back in Nov of 2000, so now I have to come up with money to hire an attorney for wrongful termination!

I am told get the TTD because I was fired and am ineligible for STD and LTD as well.

My attorney only Handles the COMP portion. I worked for a self insured HUGE insurance carrier. They know all the tricks. Do I have to get three different attorneys? Seems like the issues are related enough for one competent attorney.


Asked on 7/04/01, 2:40 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: dened benefits for illness

If you believe that you were fired for filing a worker's compensation claim, then you need to file a Labor Code 132(a) action. If you believe that it was for another reason, i.e., discrimination, or a violation of statute, or another public policy, then you have a wrongful termination action. Please call me directly at (619) 222-3504.

Read more
Answered on 7/15/01, 11:26 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California