I was lifting weights at a gym at my apartment complex. Felt discomfort in right groin and went to MD, who referred me to surgeon for suspicion of hernia. Diagnosed with "bad Hernia" by general surgeon. I had a four hour open incision hernia repair on 12/27/11. At that time, I was a consultant at law firm. My job duty was a desk job. My employer had already deducted pay from my paycheck (salaried employee) for going over my sick days. The surgeon released me to return to my "desk Job", "light duty" 5 days after surgery. I informed my employer the only reason I was able to come back was it was light duty and desk job.
Seven days later I was laid off "for economic reasons", and of course I am a registered nurse and not able to find a job at the time because I have surgeon restrictions, which are very standard for this type of surgery, of "no lifting greater than 5 lbs or bending for 4-6 weeks, and released by your MD. OK, not easy to find another desk job, and impossible to find or work as clinical nurse due to restrictions. Made claim to AFLAC; denied, says since I returned to work for 5 days, I was back at full duty and therefore I had no disability?
I have spent 2 weeks going back and forth with the company. First it was missing this document, then needing this document, then employer document wrong needs redone, then "we called and talked to you surgeon and he said he released you to full duty 5 days after surgery", of course I knew that was a lie, and so did the MD, who was furious! So then MD called AFLAC, then he was told well it was not a problem with MD aspect, but now it was employer problem? So they play this back and forth game with you, you fix one problem and then they tell you its another problem.
Continue to deny me what they owe me because I was disabled and not able to work. $ 2800.00 is due me.
I have consulted with attorney and the law suit will cost AFLAC much more than $ 2800.00 to defend when I add on the additional amounts like loss of apartment and other damages!