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How strong of a case does this employee have if they decide to sue

J

jtvang125

Diamond Member
Cliffs:
Employee has a heart related issue
Gets in an argument with boss (not sure who started it or what it was over)
Employee had to be sent to ER due to heart acting up
Employee has been on medical leave since due to doctor's notice
No word on whether employee will return


I say it's rather weak but coworker says employee has a strong case and should get a nice settlement if it went to court.
 
Is he trying to say that it is his bosses fault for his heart acting up?

I think that is pretty weak.
 
Originally posted by: jtvang125
Cliffs:
Employee has a heart related issue
Gets in an argument with boss (not sure who started it or what it was over)
Employee had to be sent to ER due to heart acting up
Employee has been on medical leave since due to doctor's notice
No word on whether employee will return


I say it's rather weak but coworker says employee has a strong case and should get a nice settlement if it went to court.
Click to expand...

404 "case" not found
 
If you get in to a heated argument with your superior and knowingly have a heart condition. And because of your own actions aggravate that condition. You get NOTHING!

In fact, the person should be terminated on the spot for flagrant insubordination.
 
Even if you wrongly assume that he could sue if the argument caused the heart incident, how would you prove that?
 
He has no grounds to sue his employer, but he has a very strong stress related workers comp case. He would get a settlement of some sort.
 
Depends on the state. CA? Probably will get WC. Pre-existing condition, but aggravated during work. Will receive an award. Employer will try to argue pre-existing condition manifesting itself, but that argument will likely fail. That argument would work if he just suffered some heart problem while doing typical work. Having an argument with the boss, that would be an aggravation.

Probably a full WC award for all time off or if company is smart will settle (monetary with offer to transfer or early retirement, etc).
 
Unless documented and specified by a professional in health...like a doctor, he's SOL (pre-existing). The doctor also has to specify special treatment and the manager would have to be immediately notified of the workers condition. After notification is given, the manager has to show reasonable accommodation. It would also mean how unreasonable the manager was and that would be decided by judge and jury.
 
Originally posted by: FallenHero
Why? Because he didnt take care of his body?
Click to expand...

Tell that to the fatties that always put workman's comp claims in due to work related "back pain."

I'd say we have 1-2 members of our housekeeping staff come in a week complaining of back/knee pain due to work (mopping/sweeping/emptying trash/etc.). Of course, these women are 5'2"-5'6" and 230-280 lbs.. and guess what? Employer pays for the visit/meds. Your back hurts? You're 100 lbs overweight, no shit.
 
Originally posted by: HappyPuppy
🙂 We will agree to disagree. I'm in CA and he would definitely collect WC.
Click to expand...

I agree. He definitely stands to collect from Workman's Compensation.
 
Originally posted by: HappyPuppy
🙂 We will agree to disagree. I'm in CA and he would definitely collect WC.
Click to expand...

I am also in CA. A co-worker with a pre existing condition had a heart attack at work, while working. His comp case was denied. He later (2 years) dies from the condition.
 
Originally posted by: narzy
If you get in to a heated argument with your superior and knowingly have a heart condition. And because of your own actions aggravate that condition. You get NOTHING!

In fact, the person should be terminated on the spot for flagrant insubordination.
Click to expand...

Yeah, that's great advice. You'd make great legal council for a corporation. :roll:
 
Originally posted by: Slew Foot
Thats why CA has such a huge deficit. Every fat retard or "depressed" douchebag is collecting government checks.
Click to expand...

Not so! I'm a fat retard AND a "depressed" douchebag and the gubmint isn't giving me anything, dammit!

Hmmm, may have admitted too much there...
 
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