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  1. #1

    Default Short-Term Disability Denial, FMLA and Age or Disability Discrimination

    My question involves labor and employment law for the state of: Florida

    I have been denied STD coverage due to I saw a chiropractor instead of an MD. I first saw an MD at an urgent care center and was given some pills and bed rest. After that bed rest time I still hurt so I sought treatment at the chiropractor. I was denied coverage for STD because I did not use an MD or DO even though a chiropractor is recognized in Florida as a doctor. I was told because they cannot prescribe medication that they could not be used.

    My job requires heavy lifting continuously through the day. To numb myself with drugs just to work would cause further damage so I would not heal correctly. I am 43 years old doing the work that most 20 year olds cannot do. I am also 2% disabled due to 2 knee surgeries.

    The Urgent care center says it does not have the forms to release me to go back to work as neither does the insurance company or my employer. Everyone except the chiropractor has been very unhelpful and now I am fighting just to get my job back because they will not accept my chiropractors release for me to return to work. I do not recall anything I read suggesting that I could not see a chiropractor.

    I haven't been officially terminated yet but at this point it looks as though they are going to do just that.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Std Denial, FMLA and Age/Disability Discrimination

    I do not recall anything I read suggesting that I could not see a chiropractor.

    Then I suggest you go back and read EVERY WORD of the STD policy. Particularly the section on exclusions. Note that I am not talking about the employee handbook, but at the very least the Summary Plan Description of the STD policy. Your employer is required by law to give that to you on request.

    If, after reading the STD policy, you still cannot find anything that says you cannot use a chiropractor, then you call the STD carrier and ask them where in the policy it states that.

    How long have you been off work?

  3. #3

    Default Re: Std Denial, FMLA and Age/Disability Discrimination

    Quote Quoting cbg
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    I do not recall anything I read suggesting that I could not see a chiropractor.

    Then I suggest you go back and read EVERY WORD of the STD policy. Particularly the section on exclusions. Note that I am not talking about the employee handbook, but at the very least the Summary Plan Description of the STD policy. Your employer is required by law to give that to you on request.

    If, after reading the STD policy, you still cannot find anything that says you cannot use a chiropractor, then you call the STD carrier and ask them where in the policy it states that.

    How long have you been off work?
    Been out for four weeks now. Still waiting to return to work. the first week I used up my sick time. they told me that they would not advance my vacation pay to help me pay my bills after they found out I was denied STD. And this is a fortune 100 company.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Std Denial, FMLA and Age/Disability Discrimination

    Nothing in the law requires them to advance you any vacation pay. In the large majority of states, including FL, there is no guarantee of any kind of paid leave.

    How long have you worked for this employer.

  5. #5

    Default Re: Std Denial, FMLA and Age/Disability Discrimination

    Quote Quoting cbg
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    Nothing in the law requires them to advance you any vacation pay. In the large majority of states, including FL, there is no guarantee of any kind of paid leave.

    How long have you worked for this employer.
    Been there for six years. I am now back working though. but am still at odds with the STD company and the initial medical practitioner who saw me first. I was denied because the first doctor who saw me was in an urgent care center and they do not do follow up and have no paperwork to release me back to work after I saw the chiropractor. the insurance company says they do not have a form to fax to the MD that first saw me also. and the urgent care center will not accept a blank release from my chiropractor. The company accepted my chiropractor's release.

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