Employers often have rules that extend beyond the walls of the office or factory and intrude on the outside lives of their employees. Some of the most common policies are those regulating illegal drug use both at work and outside of work. Some of the most...
Month: January 2012
Federal court confirms severe obesity is a disability
Technology is not always our friend, especially when it comes to physical activity. Parents everywhere say their kids spend more time texting or playing computer games than they do getting fresh air and exercise. Parents aren't immune, either. According to the U.S....
Disability benefits appeal denied despite primary MD’s report p5
We are finishing up our discussion of an 8th Circuit case that highlights the complexities of insurance companies' benefits decisions. Each decision is based on the opinions of a number of professionals, including the treating physician(s). The plan in this case...
Disability benefits appeal denied despite primary MD’s report p4
We are picking up our discussion of a case out of the 8th U.S. Court of Appeals regarding an employee's long-term disability benefits claim.The claimant had a number of physical ailments. His plan had two benefit periods. During the first 24 months, the claimant had...
Pilot fired after he reported mechanical problems
Most Wisconsin jetsetters would find it hard to believe that a pilot could be fired for ensuring the safety of passengers aboard flights. Nevertheless, a recent story discusses the firing of an employee who was concerned about flight-related mechanical equipment. The...
FMLA requests made before employee is eligible may still be protected
The Family and Medical Leave Act can be difficult for any Wisconsin worker to understand. In fact, it can be hard for employers to understand, too. It's okay if employers get confused, but it is not okay if they blunder forward without making sure they are giving...
Disability benefits appeal denied despite primary MD’s report p3
Starting a new job usually includes a review of the benefits plan with a human resources representative. The summary sheets give a broad overview of health and dental plans, life insurance and short- and long-term disability insurance. Most of the time, that's the...
Disability benefits appeal denied despite primary MD’s report p2
We are continuing the discussion from our last post about how insurance companies determine eligibility for benefits. A recent case out of the 8th U.S. Court of Appeals shows how heavily one insurance company relied on physician reports in a long-term disability...
Disability benefits appeal denied despite primary MD’s report
A couple of weeks ago we overheard someone at lunch talking about his disability claim. He was talking about a ski trip he'd taken a few years back that ended abruptly when he broke his left leg and right wrist in a nasty fall. He was laid up for weeks, and he had...
Employee fired after medical leave, his lawsuit may proceed
The director of an animal shelter has brought a discrimination and a wrongful discharge lawsuit against his employer after he took medical leave under the Family and Medical Leave Act (FMLA) to treat a serious medical condition. Under the FMLA, an employee who leaves...