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Disability for a complete dunce

Discussion in 'Medical Leave & Disability' started by Jjunk, Feb 5, 2013.

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  1. Jjunk

    Jjunk Law Topic Starter New Member

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    We have enough a woman who works in our school. She is the laziest person in this country. There is no reason she should be employed except for the principal who shares the same background. This week she said her hand got caught in a door at school and can't work. She filed for disability because she can't do anything with the hand, she says. But she did come in and signed her name perfectly on the forms before she is out to heal for FOUR WEEKS!! What are the standards for disability? Are there any because this means I might slip on a banana.
     
  2. Proserpina

    Proserpina Moderator

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    ssa.gov is your friend.
     
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  3. Jjunk

    Jjunk Law Topic Starter New Member

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    I will take a look. This woman is 300 pounds and never leaves her chair except to go home. Some of us do work because somebody has to!
     
  4. Betty3

    Betty3 Super Moderator

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    Since this happened at work, did she file a workers comp. claim?

    Is this a disability income policy offered by the employer? If so, disability would be defined as per the policy. NY has a state disability income plan but it is for off the job disabilities.

    (There are some exceptions for teachers at schools & also some exceptions for certain schools (ie public v private) re WC & NY SDI.)
     
    Last edited: Feb 5, 2013
  5. Betty3

    Betty3 Super Moderator

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    It's always "possible" the lady has her own individual disability income policy bought through an ins. co. (as opposed to one offered by the employer) - then disability would be defined as per this policy.
     
    Last edited: Feb 6, 2013
  6. Proserpina

    Proserpina Moderator

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    With all due respect, you're way too concerned about someone else's private business.

    Practice the fine art of MYOB.
     
  7. Elle

    Elle New Member

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    I'm not sure what your role is in all of this. It would help to know how to advise you if we knew that information. Generally speaking, if an employee is injured while on the job, they should file a WC claim. Whether any of the time they are off work due to that injury is covered by the WC carrier, is up to that carrier. If WC does apply, 99% of other disability plans will not cover the absence. Employees generally may not "double dip". Whether this qualifies as FMLA is another matter entirely and depends on the documentation presented.

    Performance issues are between the employee and supervisor. They have no bearing on WC, disability or FMLA.
     
  8. Betty3

    Betty3 Super Moderator

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    It does sound like this "might" be just another employee concerned about another employee's private business but don't know for sure......
     

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