On April 23, 2006 I was injured at work folding-up a wheelchair. The next morning I ended up in the Emergency Room with severe back spasms. When the ER physician could not get the pain under control he ordered an MRI. The MRI results were a herniated disc. I was admitted to the hospital where I spent the next 8 days. My Practice Coordinator (a.k.a manager) request an FMLA leave on my behalf. I asked about Workman's Comp but because of having a pre-existing back condition was told by my employer I could not claim work comp.
I spent the next three weeks recovering with home physical therapy. During that time I saw a neurosurgeon on May 16th for hospital follow-up. It was determined I had to have surgery. However, he was booked until the end of June or first of July. I stated I needed to have the surgery A.S.A.P. because I was already on FMLA. They were only able to get me a June 13th surgery date - still 1 month away. I wanted to return to work for the 3 weeks until my surgery but my employer stated I couldn't because I would be a liability.
As of June 13th, I now have just 4 weeks to recover from my back surgery. On June 30th, I met with the practice manager and practice coordinator about my surgical recovery. I also applied for an extended leave of absence that day. I had been concerned about loosing my job since my 12 weeks of FMLA would be up and per company policy they could post my position after that 12 week period was complete. I was told not to worry about my job they had not even thought about posting my position. (I did record this conversation)
I received a letter from my employer September 7 or 8 regarding my employment status. I was to return to work by October 10th with NO restrictions.
September 27th I saw the surgeon and was released to go back to work on October 4th. I had limitations to start (I hadn't worked since April). Limitations were: Lifting 20lbs - I did not usually have to lift anything that heavy, Stand/Walk in an 8 hour work day - 1-4 hours, Sit 3-4 hours, Drive 3-4 hpurs, Patient may use hands for repetitive: Single Grasping / Fine Manipulation / NO Pushing or Pulling (Physical therapy had me pushing and pulling 50 lbs), Patient may use feet for repetitive movement as in operating foot controls YES (Not a part of job duties), Patient is able to: Bend, Squat, Climb, Twist body - Occasionally.
Other Instructions and/or limitations: Up to 4 hours per day, may increase hours gradually per patient.
These restrictions are in effect until patient is reevaluated on December 20, 2006.
On Oct. 2, 2006 I received a call from the practice manager. She stated she spoke with human resources and it would be best for me to not return. However, I could in the next 4 weeks bid on any jobs that came open (hello, we are under a hiring freeze) and could potentially be hired back. She would call me if anything opened up (I have also been checking for any openings). On Tuesday, October 24th I learned a new job had been created. I went to turn in my keys and the practice manager stated; Oh, I was just going to call you about this new posting. Are you quallified? No, I wasn't.
I also filed for unemployment. Today, October 26th I received a letter from unemployment that my employer is challanging my elligibility.
Does anyone have any advice?
I know this posting was long but I wanted you to have the whole picture.
Thanks
AnnieB

