Asked in Connellsville, PA , on Sep 29, 2014
Back in June I was diagnosed with chiari malformation. My primary dr took me off work due to the bad headaches I get everyday. I also have numbness in hands and feet. I wanted to know if I have a case to fight for the short term disability and my insurance back? My employer also called and put me on final warning due too my dr not releasing me. I just wanted to know if I have a case or would it be a waste of my time?
Answered on Sep 29, 2014
You really need to talk to an employment attorney about the full details. There is the possibility of a WC claim and it is a common claim management strategy to fire people to avoid paying wage loss benefits when an employee goes out of work. Also, much of a short term disability claim will depend on the policy, which would have to be reviewed. You should contact someone to do a full review.
Asked in Philadelphia, PA , on Jun 20, 2014
On a Sunday I fell and hurt my arm/wrist. Went to te ER and got medication/xrays. diagnosis of sprained wrist/elbow with instructions to see specialist. Called pcp next day for referral, was told to come in. Went to pcp office that day ,referred to the ortho specialist. Went to the ortho specialist next day (Tuesday) and received brace , medication. Returned to work (me-f week) on wendsday. My employer counts all unscheduled absence as an “occurance” on a rolling calendar year with disciplinary action taken for three occurances. I requested fmla through the companies third party fmla approval service -unam. My specialist filled out te fmla paperwork stating I was there and revived treatment And I attached ER and pcp verifications.unam said not approved Is this legal? Can I appeal?
Answered on Jun 21, 2014
You can also think about workers compensation. If you had any restrictions that would have made you unable to do your job duties, you might not even be required to come in and they would be required to pay you. Also, if they terminated you, especially due to taking time to treat after an injury, they would be required to keep paying you until they proved a number of things. There is a presumption it sounds like you would enjoy, as it sounds like you had some obvious limitations if you were let go.
Asked in Bethel Park, PA , on Jan 16, 2014
If a person was deemed eligible initially in Pennsylvania for Unemployment Compensation but the employer appealed and the Unemployment Compensation Service Center reversed the decision. This person was terminated related to a work policy violation. The decision was based on a policy of progressive discipline and willful misconduct.
Answered on Jan 16, 2014
Much depends on the circumstances, but you could be required to repay UC for an overpayment. There are two types of overpayments, fault based and nonfault based. You may be required to actually pay back a fault based overpayment, whereas a nonfault based overpayment may be deducted from future UC in a particular time period. What is going on specifically in you case depends on the facts. Good luck.
Asked in Greensburg, PA , on Feb 20, 2012
a counter claim for almost $5,000 ..Is my judgement not good due to the fact that he appealed? And does he have to have proof of some sort for the counter claim?
Answered on Feb 27, 2012
If this was a judgment in District Magistrate Court, he could be indicating that he has appealed to the County. You would have to file a complaint in the county at that point. Most Prothonotary staff are willing to explain this frequently reoccurring issue to landlord.