Legal Question in Disability Law in Indiana

have been on medical leave for hip sergury

i have been employed by a trucking co. based in indiana since 1995,the terminal i work out of is in ga.i took a medical leave dec.2000 to have both hips replaced,just got dr.release to return to work with restrictions(can not bend over 90 deg.or lift,pull,or push more than 20 lbs.the bending is permanant but the weight rest. will change(i can lift more than that now with no problem)and job description states**bending''NEVER''**,I JUST CONTACTED THE EMPLOYER AND THEY TOLD ME I COULD '' NOT RETURN TO WORK WITH RESTRICTIONS''i think this is ''discriminaton''my question to you is can they do this to me?i am also a viet nam veteran age 56 and in good health otherwise.thank you


Asked on 12/27/01, 11:26 pm

1 Answer from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: have been on medical leave for hip sergury

I am not clear what your status is right now with the company and what they have offered to you. Do you and your doctor believe you can return to the work that you were doing? Have you been receiving workers compensation? Are you substantially restricted in major life activities? Without knowing more it is difficult to determine if you are the subject of discrimination. Please call if you wish.

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Answered on 1/06/02, 8:38 pm


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