My question involves unemployment benefits for the state of: MA
In August of 2007 my husband was in a car accident. Prior to the accident he worked for a tire re-treading company which involved lifting up to 100 pounds. The accident injured his back and he has been unable to work since - he has medical documentation to back this up - specifically doctors notes that he could not work. He finally got the ok from his doctor to go back to work (but not any physical labor type job which is the only type of work he has ever done) in February 2008. His employer put him on a LOA rather then terminate him (since he could not physically do the job). He requested light duty but was told there was none. He was evetually terminated February 28, 2008 (because the LOA lasted too long), filed for unemployment and was approved at the end of April.
Now his employer is appealing the decision. My question is what do we need to do to retain his unemployment. Can the decision be appealed based on the employer saying he took a LOA and thus effectively quit. Does physically not being able to perform the job AND not having the doctors ok to even go back to work count as a compelling reason to leave the job? I'm very worried that this decision is going to be reversed and then we'll have to pay the money back. As it is we're borrowing money to pay the rent and I don't know how we'll pay this back.
Incidently my husband has filed for SSDI and he has a vocational rehab counselor to try and get training so he can do something else for work.