[Holles]

Background: I've had the same job for 20+ years. In 2009 the recession dried up some of the business & the company required everyone who wasn't on certain accounts to do something so incredibly out of our comfort zone it wasn't even funny. Think actuaries turned into door to door salesman. Their reason for the job change was to pacify a client another part of the company had alienated. And it was a complete & total job change. I had actually done something similar before so although I was worried, I thought I could handle it. Well, it wasn't the same - this was very structured, potty breaks were frowned on, no stretching or getting a drink of water. Some people could do it without a problem, I had a nervous breakdown. Not my first one.

HR refused to reassign me under ADA (although there were other jobs I could do) & made me go on FMLA & then short term disability. They laid me (and a lot of other people) off before the FMLA was up. They did pay me the full amount of STD. My LTD company was Cigna, who apparently threw everything I sent them away but always said "oh sure, we have that, don't worry" when I'd call. Finally I just gave up. Pretty much par for someone with AVPD (anxiety on crack).

It never occurred to me to file WC. And I didn't file unemployment, either, thinking I'd get LTD.

They hired me back 5/10 part time, no benefits, big pay cut, remote from my home computer. I still can't work full time, nor will I be able to work in an office again. I can barely get groceries without freaking out.

Ok, ALL that is background. Now I found out the arm/hand/shoulder pain I've been complaining about since I started with this company (everything is on the computer, no paper files, ever) is Thoracic Outlet Syndrome. Computer work hurts & the delay of 10 years means the nerve damage is probably permanent. Filed WC, still working my 4 hour days, going to physical therapy (which is brutal). Hoping the Dr. will put me off work until some progress is made. I see him next Thursday.

The question(s). Did my employer violate FMLA? Anything I can do about that? Can I go back to Cigna & try to get them to pay up? Can I go back & claim WC from the original date of 9/09 at the much higher salary? The psychiatrist did say it was job related.

If I can't work with people & can't work on the computer I'm kinda screwed on job choices.

I know I'll have to get a lawyer, but geez, I can barely carry on a conversation with friends. I'm worried a lawyer will watch me twitch & stammer & conclude I'm lying.

[Jomar]

PT for TOS shouldn't really be brutal..., see our Thoracic outlet forum for self help, posture & PT therapy suggestions.

[Did my employer violate FMLA?]
I'd see about a free consult w/ employment atty for that question, or maybe your state website would have info or contact # to ask about that?

[Can I go back & claim WC from the original date of 9/09 at the much higher salary?]
That is a question for wc attys I think most will do a free case eval/consult, and check with quite a few to see which seems the most on the ball and professional. Then do a search online for rating/comments about them...before signing up with anyone.

[The psychiatrist did say it was job related]
Will this dr stick with this statement if it goes to a hearing?
Is this for the anxiety /nervous breakdown?
What about the TOS?
a secondary claim possible or added on to the nervous breakdown claim... but that another one for the wc atty.

[Holles]

thanks JoMar!

I looked up FMLA this morning & since they laid off other employees at the same time they're ok on that.

Sorry, I get so worked up about stuff.

[SufferingWashington]

My goodness, file please something, you are entitled to unemployment if your p/t wages from your f/t. Unemployment will cover some of the difference but they will not go over what is allowable for your weekly benefit.
A good lawyer will not require money and call them up feel them out see if you are comfortable speaking to them if not hang up and call another. Good luck...Short end something got violated here. I smell a rat somewhere in this matter with how your employer handled things.

Originally Posted by Holles

Background: I've had the same job for 20+ years. In 2009 the recession dried up some of the business & the company required everyone who wasn't on certain accounts to do something so incredibly out of our comfort zone it wasn't even funny. Think actuaries turned into door to door salesman. Their reason for the job change was to pacify a client another part of the company had alienated. And it was a complete & total job change. I had actually done something similar before so although I was worried, I thought I could handle it. Well, it wasn't the same - this was very structured, potty breaks were frowned on, no stretching or getting a drink of water. Some people could do it without a problem, I had a nervous breakdown. Not my first one.

HR refused to reassign me under ADA (although there were other jobs I could do) & made me go on FMLA & then short term disability. They laid me (and a lot of other people) off before the FMLA was up. They did pay me the full amount of STD. My LTD company was Cigna, who apparently threw everything I sent them away but always said "oh sure, we have that, don't worry" when I'd call. Finally I just gave up. Pretty much par for someone with AVPD (anxiety on crack).

It never occurred to me to file WC. And I didn't file unemployment, either, thinking I'd get LTD.

They hired me back 5/10 part time, no benefits, big pay cut, remote from my home computer. I still can't work full time, nor will I be able to work in an office again. I can barely get groceries without freaking out.

Ok, ALL that is background. Now I found out the arm/hand/shoulder pain I've been complaining about since I started with this company (everything is on the computer, no paper files, ever) is Thoracic Outlet Syndrome. Computer work hurts & the delay of 10 years means the nerve damage is probably permanent. Filed WC, still working my 4 hour days, going to physical therapy (which is brutal). Hoping the Dr. will put me off work until some progress is made. I see him next Thursday.

The question(s). Did my employer violate FMLA? Anything I can do about that? Can I go back to Cigna & try to get them to pay up? Can I go back & claim WC from the original date of 9/09 at the much higher salary? The psychiatrist did say it was job related.

If I can't work with people & can't work on the computer I'm kinda screwed on job choices.

I know I'll have to get a lawyer, but geez, I can barely carry on a conversation with friends. I'm worried a lawyer will watch me twitch & stammer & conclude I'm lying.