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medical documentation

by cathy
(hutchinson, KS)

I had my FIRST appeal and it was ruled in favor of the employer. My quitting had to do with the work environment being hazardous to my physical and mental well-being. I went to my doctor BEFORE I quit, had a letter from her in the package to appeal and the UI Judge, NOT a doctor, downplayed my illness (caused by employer) which was Gen Anxiety disorder and INSTEAD called it "stress" and then said it was my "personal perception"..what can I do to prove my quitting was as a result of behavior done by the employer as I want to go to the Review Board????

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Sep 26, 2014
comment to chris..
by: cathy

I was employed for Kroger for a just about ONE year. I was a CLERK from 7/30/14 to 3/29/2014 at a different store location THEN:

3/30/14 I was promoted to the "store" in question and worked there until 8/4/2014. I was in this position for 4+ months. So not sure if I am even eligible for FMLA.

The department head harassed me from the 2nd week on..went to upper management several times and they told me I was 100% responsible to get along with accountability for her part.

I got diagnosed with GAD by 4 different medical clinicians and am NOW feeling better AFTER I have been gone from the work place since 8/4/14.

I need to know what I can say in my documentation to the "REVIEW" board to make them understand this employer made me ILL!!!

I do not have anyone to send you to to write the argument for the Kansas board of review as Kansas is an attorney only state for both lower level and board appeals.

And I have not been able to find a precedent manual, or digest of decision for KS which I would point a person .. to resources to aid in knowing what to put in your BOR argument or the case law that would support a valid argument the ALJ erred in your case.

However, I do believe FMLA was an option because you worked for the same employer for over a year, but you can determine that for yourself by reading the guidelines for FMLA.

But, in the end, I guess maybe I've been beating around the unemployment bush too much in that I don't think you will be successful with a board appeal because when you voluntarily quit a job and then expect to receive unemployment benefits even for health reasons, you can't ignore your employee rights (including the right to family medical leave) as a way to exhaust your efforts to preserve the job.

But, I wish you luck.

Sep 25, 2014
reply to chris....
by: cathy

My medical diagnosis was not "stress", it was more severe than that. The employer, after 4 months, gave me "generalized anxiety disorder", have to now take medication and go to counseling, yet this UI Judge, downplayed it to "stress" which I was NOT being treated for. My physician advised me, if the situation at work did NOT get better, to seek another line of work. I did not want to take FMLA as I wanted to stay at the company and make it a career. The employer ruined that for me and I was harassed, bullied, treated differently from the get-go.

Taking FMLA was the reasonable course of action to take, however, if you were going to focus a voluntary quit with good cause on health reasons, but now you're telling me, your health problems were caused by employer harassment and you mention nothing about any EEOC, or other complaint about that harassment.

So, now, you need a Kansas attorney willing to review the record of that hearing to see if the ALJ really did overlook your health as not being good cause for a quit attributable to the work, or employment after you exhausted all reasonable recourse to preserve the job .. which you did not when you ignored your right to take FMLA, your right to file an official complaint to stop the harassment, or retaliation, from someone at work.

The employer, after 4 months, gave me "generalized anxiety disorder"

If you had taken FMLA and gotten better, that might of very well of been to interpret that it was the work, or a person at work that was causing you harm if you had gotten better.

But, now I feel like I have to ask if you were even eligible for FMLA because I DON'T know if you only worked for this company for a total of four months .. or if you worked under the person that drove you to a "general anxiety disorder" for four months.

Sep 24, 2014
Was FMLA (family medical leave), or a medical leave an option?
by: Chris

It can be reasonable when a job is presumably stressing someone out, to verify for medical purposes that it was indeed the job.

So, I ask, did you refuse an offer to take medical leave of any kind that would of shown you desirous of trying to preserve your job and avail yourself of any remedy to continue in the work and what exactly did your medical documentation say that was ignored, or downplayed by the Kansas ALJ?

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