[blindlaw] Need some assistance

[James Pepper]

in Georgia do they have a risk pool. I think kaiers is the administrator.
 In Texas we have a risk pool which is bloody expensive but it is there.
What are the qualifications to get on the risk pool.

James G. Pepper

On Wed, Nov 12, 2008 at 3:17 PM, Russell J. Thomas, Jr <rjtlawfirm at yahoo.com
> wrote:

> 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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