California | Workers Comp
Legal Question
Termination while out on worker's comp
In Feb. 2006, I filed a w/comp claim for a back injury.
I have been out of work for 3 months awaiting authorizations for tests that have been requested by my attending physician several times.The insurance company denied these tests and then after my physician persistence, decided to allow the them. The diagnosis of the mri confirmed thatI have degenerative disc disease and that I have several moderate to severe bulging disc that require surgery.This is now in another waiting process to be referred to a nuero-surgeon and then the waiting period that the insurance company has to decide whether or not to approve this. So I have to wait again!
Being concerned about this,I contacted my employer inquiring about if I will have a job to return to and they promptly told me that they could not guarentee that. They told me that it is stated in my handbook but it is not! They seem to be classifying this under FMLA which states that they can terminate me after 6 months. Is this correct?
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