Legal Question in Employment Law in California

My husband is out on disability. He filed for temp. disability - last day worked Nov 2 2009.

He is collecting SDI - and seeing several doctors...Has been "approved" til Feb 2010.

After an emergency room visit last weekend (Jan 8) = we learned his health insurance was no longer valid. We coincidently received snail mail notification from his boss the following Monday (Jan 11) that his Health Insurance had been canceled due to lack of hours worked.....

The business is feeling the effects of the economic situation .... If he were in perfect health, he may of been collecting unemployment or looking for another place to work.... and obviously, would of anticipated going to COBRA or some other coverage.

The cherry is definately on top with DECEMBER 1 2009 as the cancellation date. - huh??????

Advice?????

Please;

Stuck with Big Bills


Asked on 1/18/10, 9:07 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The employer is required to follow the company policies on disability leave, benefits, etc. If they violated their own policies, then you may have a claim for coverage or payment of the bills incurred. You should immediately request they reversing the benefit cancellation retroactively, on the basis of 'error'. That could put you back under coverage. You might consult with and/or hire an attorney to represent you in this.

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Answered on 1/24/10, 2:18 pm


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