[blindlaw] Need some assistance

[Russell J. Thomas, Jr]

I am not sure that we have all the facts. 

When you say she is still receiving benefits, does that mean her workers
comp case is still open? If it is, any prospective employer's concern is
whether the condition will worsen; put another way, a prospective employer
is asking--what kind of liability am I buying.

The case is different if she is, what we call in California permanent and
stationary. That means she probably won't get any worse, and it means that
her workers comp case has been settled.

If that is true the issue is reasonable accommodation; after engaging in the
interactive process required under the ADA, is there a job she can do? If
she can work with reasonable accommodation and an employer refuses to
employer her, then the ADA has been violated.



Respectfully,

 

Russell J. Thomas, Jr.

THOMAS & ASSOCIATES

Orange County Office                      

4121 Westerly Place, Suite 101

Newport Beach, California 92660                             

T: (949) 752-0101                             

F: (949) 257-4756

M: (949) 466-7238

Beverly Hills Office

9107 Wilshire Boulevard, Suite 450

Beverly Hills, California 90210 

T: (310) 461-3561

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of M T
Sent: Wednesday, November 12, 2008 1:04 PM
To: NFBnet Blind Law Mailing List
Subject: [blindlaw] Need some assistance

Hi All,
I have a client who has been injured at work in a slip and fall and is
now considered permanently disabled. She sustained a pretty severe
back injury and is currently receiving benefits from her former
employer under Workman's comp. However, she is now working for a
different employer due to the fact that she was no longer able to
continue doing her previous line of work, (she was a chef) and the
insurance carrier for her current employer refuses to accept her b/c
she is under workman's comp. Does anyone know of any case law on point
for this particular issue. I am located in Ga. so if anyone knows of
laws on point or has litigated a case similar I would appreciate any
advice you could give. Thanks.

Michelle
-- 
Michelle Tarley, Esq.
Attorney At Law

 "Life is either a daring adventure or nothing"
                                               -- Helen Keller

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