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Recourse if Dr. refuses to fill out FMLA forms
Cambiata
Commander ShepardThe likes of which even GAWD has never seenRegistered User regular
Commander ShepardThe likes of which even GAWD has never seenRegistered User regular
I've had what I would characterize as a severe case of bronchitis for the past week and a half. I actually would have gone in to work anyway, and actually did try to go into work on Wednesday of last week, but supervisor insisted I had to take calls during that time. I've been coughing so hard and so frequently that my throat hurts from just that alone, and needless to say that day was pretty difficult. By the end of the day I was in tears. Part of the problem is our company's VOIP isn't very good so I almost always have to shout during my calls - not easy when your throat already hurts and speaking makes you cough more. I decided after that that what I should do is take FMLA since, after all, that is what FMLA is for - to cover you when you are actually unable to perform your job. I had been taking vacation days, and used one of those days to see a doctor on Friday of last week - 2/10. But I didn't decide to file an FMLA claim until Monday, which converted those vacation days into FMLA absences instead. The doctor I saw was not my primary care physician because she was booked up, but he was another doctor in her office. I spoke to his medical assistant a few times and things seemed to be going ok until she called me back and informed me that the doctor "didn't tell you to take those days off" and so he would not fill out any FMLA forms. I asked her to please request again because he's the only doctor I've seen during this time, I can't really get the paperwork from anyone else, and the only reason I'm taking it is, as noted, my job is entirely on the phone and I can't perform that right now. She said she'd ask him again. A couple of hours later I got a call from that doctor, conveniently at the end of office hours, saying his decision is final and "your voice is fine" and "we all get respiratory infections" and if i want that paperwork I should see my pcp.
So what I have done so far is sent my company insurer the summary of my visit I received on Friday and I will call my pcp tomorrow to try to get an appointment squeezed in. Beyond that, is there any recourse for me with this doctor? Is there any way I can compel him to fill out paperwork, such as filing court proceedings against him?
So what I have done so far is sent my company insurer the summary of my visit I received on Friday and I will call my pcp tomorrow to try to get an appointment squeezed in. Beyond that, is there any recourse for me with this doctor? Is there any way I can compel him to fill out paperwork, such as filing court proceedings against him?
"If you divide the whole world into just enemies and friends, you'll end up destroying everything" --Nausicaa of the Valley of Wind
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Depending on your relationship with your doctor they may say hi, call the other doctor kind of a dick and sign whatever you need. Just be sure to make it as convenient as possible for them to do so.
Edit: If you're in Oregon (maybe other places) the first 40 hours of work you miss is protected anyway without paperwork.
Edit2: In case you want to look into something similar in your state.
https://www.oregon.gov/boli/TA/Pages/T_FAQ_OregonSickTime.aspx
I already did leave a message with the assistant of my pcp earlier today, before the other doctor finally called me. I was, uh, actually crying during that one so she may not have heard the message. Maybe it'll help my case (with my pcp, I mean) if I explain I've been coughing so hard I pee myself several times a day? And explain about the bad VOIP in my workplace?
Yes, I did a search over government websites, nothing much to protect me in Texas.
Yep, pretty much. Even WC law is basically curtailed vs. other places due to how loose the laws are (you can basically be your own WC carrier with minimal issue if you really want to). Oddly enough the best bet is to sue in West Texas as it's extremely plaintiff-friendly.
http://www.tmb.state.tx.us/page/place-a-complaint
I think it was bad because if I was working for a company with less robust employee protection his actions could be enough to get me fired, assuming I couldn't get my certification letter through my pcp.
I also mentioned my FMLA troubs to my work buddy, he informed me that he had the same issue with getting paperwork for bronchitis back in November and he actually had to go to the ER. His FMLA was refused by insurance, presumably due to lack of paperwork, which fucking sucks because he got written up for missing days. What kind of doctor won't do the paperwork for an ER visit? My google searches seem to indicate doctors are not keen to do that paperwork, but not why they will not.
I actually offered to pay whatever paperwork fees necessary right up front. $200 is kind of a lot but I would have paid it... it's pretty clear the guy thought I was trying to "get away with" something.
That's the problem. And while it doesn't excuse the doc's rudeness toward you, there's a ton of FMLA abuse that goes around and it really screws over people like you with legit issues. A method often used is to not see your PCP but a rando doctor to support the ailment/need for leave. What makes it worse is when FMLA management is outsourced.