Good morning!!!!

[LS Tractor Owner]

LS, wow. How is it legal?

Deep down I’m afraid of the same thing since I’ve been out 3 months now. My job was protected by FML up to a week ago. Then I had to apply for an ADA disability, but I honestly don’t know what that does for me. Unless my LTD gets approved, I’m on LWOP currently. I think next week I might try to go to work.

I, too exhausted all FMLA benefits (which are 12 weeks per year), my short term disability time, and they still provided additional accommodation of 6 months "holding" my Captain position. Long term disability would actually pay less than work comp.

Laws vary state to state for how long an employer must 'hold' a position. Here in NM, they must offer a new position, but it doesn't have to be a lateral position nor at the same pay scale. I just have to wait until a rating of maximum medical improvement, then "re-apply" for a suitable position. We'll see what comes up.

 

[LS Tractor Owner]

Gosh, Ted, that's a very bitter pill to swallow. Seems like the employer was leaving the door open a crack for a different position, though, or is the situation really that hopeless? Also, there's good attorneys, and bad attorneys, maybe a better answer is to be found by interviewing different ones. I'm no expert, but do lawyers specialize in legal matters related to employment and disability claims? Is the idea of filing a civil suit for damages out of the question, or is it too tough to prove them liable or negligent?

On the bright side, it also sounds like you and the family have been making good progress on your long term plans, and your escape from New Mexico. And you're a pretty sharp cookie, and with the job market starting to perk up, I hope you can find an opportunity where you can excel.:thumbsup:

The "civil lawsuit " is out of the question.... State law prohibits suing your employer or another employee unless there is proven 'willfull negligence', which there is none. The injuries were purely accidental.

There are WC related disability claims that will be available, but they cannot be determined until final MMI (maximum medical improvement). Just a waiting game now.

 

[Thomas]

60F and rain came fast and hard has let a lot now.

Good day...3 projects done and both kittens were great help...nope.
Heard knocking on the door as open the door there stood tree service supervisor and crew foreman to inform me they will trimming power lines starting tomorrow...4 workers some sort crawler towing chipper...supervisor telling what to expect what size diameter wood trees I was responsible to clean up if I wanted to...young guy had snippy attitude and he was dress to nice walk into woods...after he was done talking I said fine do what you need to do but you may want contact land owner and Iam not it,there was silent from supervisor:ashamed: but the older foreman was smirking as he turn walk away...some of these young whipper snapper should realize we do little things different out in the country.

Time to feed kittens and soon raid the icebox.

Enjoy the evening all.

 

[buckeyefarmer]

I got notice today my FMLA is exhausted, and papers to sign regarding LTD and that I applied for SSDI.

Got my barn garage door opener assembled to the stage I need to hang it. Installing hangers for the head unit will be the hardest part. Once I get it up in the air I’ll have a better idea what I need. It will be near a roof truss, so hoping I can come down from it, so I don’t need to straddle two trusses.

 

[hawkeye08]

I've been having second thoughts all day about not working on the deck this week.. my back was feeling good, muscles still sore but feeling good. We needed a young person to help us as both of us are out of shape and injury prone.. so we decided to put the scaffolding away that was at the back of the house for painting. CASE CLOSED, no way I can work on a deck in the shape I am in... LOL, my back was complaining right away, really not that strenuous of work.. so scaffolding away, deck really postponed unless weather changes to nicer and we get a helper.

Middle daughter that is building house is off for UPS training this week, they wanted her to start already for holidays so our best helper is not available until perhaps March... LOL. Good news is we really don't use deck much in winter.

 

[Kyle_in_Tex]

LS, can you try to get back to a classroom training situation? Hate hearing of your struggles. Hopefully you can find something that's rewarding to do.

I got notice today my FMLA is exhausted, and papers to sign regarding LTD and that I applied for SSDI.

Got my barn garage door opener assembled to the stage I need to hang it. Installing hangers for the head unit will be the hardest part. Once I get it up in the air I’ll have a better idea what I need. It will be near a roof truss, so hoping I can come down from it, so I don’t need to straddle two trusses.

Prayers for you, LS, hawkeye, Randy, Bupps, Ron. and those who are in silent need.

BEF, you are worrying me about that GDO hanging task. Please be careful.

 

[Kyle_in_Tex]

The kids had a great time at balloonfiesta.com

Sunday was picture perfect. Flight home was good.

They were mostly glad to get home. They got to hike in the mountains while out there too.

 

[Looking4new]

Good Evening all. The temperature was in the low 60s, with sun showers.
The day was great for the finishing touches on the last grass cut of the season. Yesterday I got the rotten gate post and gate out of the end of the driveway and a new post installed. Nothing fancy, just a 4x4 stuffed into the ground to hold the 911 sign.

ALL the raised garden beds are dismantled and the top soil spread on the lawn. We are going with container gardening, in bathtubs mostly.

Summer was great IF you ignore the driveshaft falling out of my truck in the first week. A month later I discovered why whenever I stopped I could smell hot gear oil, but when I crawled underneath and checked the drives there was no oil trailing down the inside of the tires like there should have been. No crush sleaves on the axles before the oil seals was the culprit. A complete brake job solved that problem.

I figured I had better stop by just in case you guys thought I was dead or something. lol


Have a good night all

 

[mostly_gas]

Good evening all. 58F this morning, clear, windy. Winds did not calm down till later in afternoon, mostly clear all day, High temp 76F no heat index. Thurday the next front comes through, forecast for 88F then rain when it arrives about 1 in forecast. Choir practice to start morning, mailed 4 qtr tax payment, then started in on lawn. Was nice not to be dripping wet when done for the day, not finished sand burr removal prior to mowing, spent about 4 hours pulling those things out of the ground .
Don sounds like timer inop. since arm is not frozen up by ice.
RNG did not know skunks would home in on wounded rabbit calls. Good luck with the ecu wiring!
Ted sorry about your job issues and knee issues prayers sent:thumbdown:, glad you got someplace to live!!
Buckeye sorry to hear of your paperwork issue as well prayers sent.
PJ nice to hear you got good deal going in. So many people leaving never a good sign
HAwkeye, good to hear back is allowing essentials done hope it is better soon.
L4N nice to hear you are still alive, hope the raod is agreeing with you
prayers for all.

 

[buckeyefarmer]

The kids had a great time at balloonfiesta.com

Sunday was picture perfect. Flight home was good.

They were mostly glad to get home. They got to hike in the mountains while out there too.

That’s an adventure the kids will always remember.

The GDO will go up in safe mode, ie lift head end with a rope or ratchet strap over the truss, then bolt up the other end. Then the hard part.