Claimant Found Responsible for Termination from Employment Despite Existence of Medical Restrictions from Treating Physician which Excused her from Attending Mandatory Training

Attorney Brad Miller recently convinced an ALJ to deny a claimant’s request for TTD Benefits because she was responsible for her termination from employment.   In this particular claim, the claimant was terminated from employment for failing to attend a mandatory training.  The claimant had already previously missed the training.  Claimant was specifically instructed that if she missed the training again, she would be terminated.

Claimant sought and received medical restrictions from her treating physician in the days before the training which would prevent her from flying to the training site.  Claimant subsequently was terminated for failing to attend the training.

The ALJ found that although claimant did receive medical restrictions that prevented her from flying to the training site, the restrictions lacked credibility.  The ALJ noted that claimant was able to work light duty and had the physical ability to fly until just a couple days before she was scheduled to leave for the training.  As a result, the ALJ held that the medical restrictions from the treating physician lacked credibility and the termination was justified.  The request for TTD benefits was denied and dismissed with prejudice.

 

From the September 2017 Pollart Miller Newsletter

2019-01-29T10:32:01-07:00