Legal Question in Medical Leave in Ohio

family medical leave and short term disability

If my family medical leave was approved because of a serious health condition and my doctor wanted me off work because of a anxiety attack and because of the drugs that he has me on, how can my insurance company deny me my short term disability? They are saying that I had the anxiety attack at work, therefore, it is work related and refuse to pay it. I am having some problems at work, but I am also experiencing alot of stress outside of the work place. They said that I couldn't file workman's compensation since an incident report was not filed at work, when one of the nurses sent home.


Asked on 5/17/07, 7:51 pm

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: family medical leave and short term disability

The terms of the short-term disability insurance policy dictate your rights to benefits, not the FMLA. You should, therefore, consult with an attorney who can advise you of your rights under the policy.

As for workers� compensation, if you want to file a claim, then file one; neither the employer nor the carrier can prohibit you from doing so. While the employer may use the lack of an incident to report as a defense, that will not necessarily bar the claim. You should, however, first consult with an attorney to determine whether filing a workers� compensation claim might affect whatever benefits may available under the disability policy.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.

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Answered on 5/18/07, 10:07 am


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