[blindlaw] Need some assistance

Wed Nov 12 23:37:41 UTC 2008

The issue then, is she employable right now, or does she need further care
to become employable?

Normally, an employee will not be permitted to return to work without a note
from a physician clearing the employee to return to work. In the
alternative, the employee could be cleared to return to work with medical
restrictions. Then the question would become -- can the employee be returned
to a job that would permit her to work within those restrictions?

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 1:57 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Need some assistance

Her case is still open because she is under a dr's care and going to
physical therapy, which is all being paid for by her previous
employer. However, when the business was bought by someone else, the
insurance carrier switched and she is is unable to get regular
insurance provided by her new employer. But she is still receiving
care for her injuries resulting from the slip in fall. Thanks for the
input. I hope this clears a little of the vagueness up.

On Wed, Nov 12, 2008 at 4:17 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
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
>
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rjtlawfirm%40yahoo
> .com
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
blindlaw:
>
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mtarley%40gmail.co
m
>

-- 
Michelle Tarley, Esq.
Attorney At Law

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

_______________________________________________
blindlaw mailing list
blindlaw at nfbnet.org
http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindlaw:
http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/rjtlawfirm%40yahoo
.com