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Everything posted by ElleMD

  1. The doctor need not be in the US, HOWEVER, doctors outside the US, unless they serve a large expat population, are generally confused by FMLA paperwork. Expect your mother to have to explain why it is needed and what is necessary. The fact that she hasn't seen the doctor in 2 months may or may not matter. For example, if she was blind from birth, a doctor certifying her visual impairment 2 months ago is just as valid then as it would be now. If it were recovery from surgery which took place 2 months ago, a certification from 2 months ago would be woefully out of date.
  2. Sounds like this was just a bad work environment and she is better off elsewhere. It happens. Could be that the owner has some sort of diagnosable mental condition. Could just be that she is a busy body. Either way, nothing you describe gives a clear indication there is any legal remedy.
  3. What do you mean by "take control"? What do you mean by "incapacitated"? Do you mean the son had POA of some kind when the father was alive?
  4. Not having read anything you signed, it is impossible to comment about your obligations. One doesn't just purchase a service dog on the spur of the moment so it seems off you would agree to move in with someone who was planning to get one if you are allergic, but you have a few choices. You mention "student" housing though not if this is official campus housing or not. You can approach the student housing department at your school if they are in any way affiliated with the school as the school may be able to intercede or have some way of assisting. Many schools also offer free or greatly reduced cost legal services to students. Take the lease you signed to them to discuss your options. It is peak leasing season so use your network and that of your roommates to find someone to take your place.
  5. How is your child making rude remarks to you child abuse? I suggest you address it with your co-parent as you would any other misbehavior. You live with the child full time. How do you handle other behavior you as a parent do not approve?
  6. Depends entirely on the branch/agency and the laws/regulations of that branch/agency. There is nothing inherently illegal about it. It isn't unusual for government employers to have policies allowing or even encouraging employees to volunteer on "company" time. Heck, this was passed by the governor in my state for state employees. It isn't for weeks at a time, but there are a certain number of hours granted as paid leave that can only be used to volunteer for charity/non-profits. There are also times when a government agency partners with a NGO and that can last years. If you are unhappy about this situation about which you have not provided any details, you can share your opinion with your elected officials which have jurisdiction over the governmental unit you are referencing.
  7. I'm going on a limb and saying your parents are not residents of CA. As such, you only would be is you can demonstrate that you are financially independent from them, support yourself, and are a resident of CA. Like many college students, you aren't independent and don't truly live on your own; your parents are still supporting you though you earn some money here and there. If that is the case, your primary residence is considered to be your parents'. Many a college student and parent has attempted to skirt the rules by securing off campus housing for their out of state college student and claiming it as the student's "home". This is why colleges look at more than just mailing address when determining residency status.
  8. Well, she doesn't have to hand the child over to some random adult who promise that sure, they will take him to see his Dad. Custody is between the parents and there can be important information that ought to be shared at the time of the exchange (Junior had an ear infection, here are his antibiotics he gets twice a day, etc.). If you must you can modify the agreement to have the exchange in a public location or police station, but you will need to have a solid reason for doing this. It isn't clear what if anything has come of her allegations and if there is any merit to them. It also isn't clear how old your child is.
  9. So, your job was to make beds and clean rooms, which your employer asked you to do. You haven't indicated you had any sort of medical condition that would require modified duties (pregnancy doesn't automatically limit this), nor that you ever provided medical documentation to this effect. While you were supposed to be working, you were on the phone with a friend were you made multiple negative comments about your boss where both your boss and presumably any guests or visitors could easily have and did overhear you. On the job. While working. Then you are acting like the injured party? When called on it you start crying and walk off the job and want to report this to HR. I'm genuinely curious what about loudly badmouthing your manager and griping about your duties to a friend while you are supposed to be working, then walking off the job, paints you in a positive light? The other complaints are either minor and or totally irrelevant to your situation. Telling other employees someone was terminated for stealing isn't even inappropriate, if i fact, that is what happened.
  10. It isn't at all clear when you are claiming the clock started let alone why you feel it should be tolled. Being sick generally does not as that is part and parcel with having a med mal case. Neither does it matter your relationship with your family as they do not have standing to bring a case, you do. If you were truly incapacitated for the entire SOL such that it was impossible for you to act, and not just inconvenient, that could be a valid reason but you should discuss it with an attorney in your area.
  11. To apply for asylum you must already be physically present in the US, which is something some of our elected officials seem not to understand. https://www.uscis.gov/humanitarian/refugees-asylum/asylum You can file as soon as you arrive, or you have up to a year to do so (longer if circumstances permit). If you are outside the US, you would apply for refugee status, but it is not that easy. https://www.uscis.gov/humanitarian/refugees-asylum/refugees
  12. You have to have an employer first. The unemployed do not automatically receive TTD by default. IF an IW is employed and if the employer can not accommodate the restrictions and therefore is telling the IW to stay home, then yes, they do get TTD because the employer is treating them as temporarily and totally disabled. You don't have an employer. if I’m not entitled to ttd, why didn’t the judge just say no. He said ttd is a medical issue and only a doctor can determine that. He also said unemployment has nothing to do with his court. That’s a different court and he will not discuss that. 1. Not his job to explain what benefits you might or might not be entitled to 2. Because it is a medical issue. A doctor has to either indicate that you are totally incapable of working or that you have restrictions that an employer can not meet. 3. Correct. He won't weigh in on that speeding ticket you got either. Same thing. their first attorney told me that I am entitled to ttd. Who is "their"? In what context? At what time? Based on what? She offered 3 weeks of ttd because I received sdi. I asked them to replace the sdi benefits and send me the difference. TTD and SDI are mutually exclusive. SDI is for non-work related ailments. Straight from the website " You may be eligible for DI if you are unable to work due to non-work-related illness or injury, pregnancy, or childbirth." You can read about they they offset here https://secure.ssa.gov/poms.nsf/lnx/0452120030 . The DA must have been fustrated because she told the judge my claim is accepted. She had just told me before we went go see the judge it was denied. My claim was accepted over a year ago. They just never informed me. i called the claims manager and complained so she sent me the accepted letter. The very next day, I received a denial letter for ttd. It just says call the adjuster if I don’t agree. I'll bet she is frustrated. As I am sure I told you about a dozen or more posts ago, claims are not all or none. The IC can accept that you fell but deny that you need medical treatment, or that you had to be off work. they are now arguing that I was terminated for caused. Who is they? And you were terminated for cause. Your employer told you that when they fired you. Did I misunderstand chapter 5 in the guide book? YES
  13. Rare is the employer who self-administers WC. Even self-insured employers typically use a TPA. Did you file a claim? Spoken with the adjuster? Start there.
  14. You mix together a whole lot of issues. If she is 17, her mother or court appointed guardian (if mom agrees that should be your parents or the man in the moon, it is not a terribly difficult process to establish someone other than the parent as the guardian), needs to enroll her in the school system where she resides. How residency is established varies from system to system but is typically outlined in the student handbook and or on the website for that system. If she is not enrolled then yes, her mother (or legal guardian) can be held responsible for her being truant.
  15. It isn't clear from your post you know what TTD is. It's temporary total disability benefits which are indemnity payments made for time you are considered totally unable to work due to the injury. If you don't have wage loss because you aren't working, that changes things. It isn't just pay for being hurt; it is income replacement for wages you would otherwise have received but for the injury rendering you unable to work. Most people don't receive it up to the time they reach Maximum medical improvement (MMI). Just because you aren't at MMI doesn't mean you get TTD. You still have the hurdle to prove that the reason you couldn't work was the injury rendered you totally unable to do so. If you reach a settlement in your case, that is one of many things than can be negotiated in the settlement. Side note- if you applied for and or received unemployment at the time you were terminated, you are going to have extra difficulty claiming you should have received TTD. One requires that you be ready able and available for work, the other requires that be impossible. If you are moving towards settlement, then it is entirely usual and may even be required (it is in most states) to mediate the case before proceeding to trial. Mediators don't rule, they "referee" for lack of a better term. It isn't the judge's job to help you fill out paperwork or explain the judicial process to you. That would be the job of a lawyer you hire to represent you. For the life of me I still can't tell what you are seeking at this point, or where in the adjudication process you are. TTD for some specified period of time? Continued medical treatment? Wrongful termination due to filing a claim? Are you at the hearing phase before the workers' compensation appeals board? District Court? You seem to take issue with the fact that the "judge" and defense attorneys know one another and don't appear to hate one another. This is incredibly common. No matter the area of law, attorneys who regularly handle those cases are going to know the judges. Work together enough and yes, they do become friendly. This is entirely normal. Presumably if you had a lawyer, that lawyer would also know the judge or hearing officer and hopefully, have some sort of professional rapport with them, even if they aren't golf buddies. In my state several of the attorneys from both sides of the aisle and at least one Commissioner are in a band together. They perform at the annual conference every year. This is a good thing. You want these parties to get along.
  16. You are still all over the map and your story doesn't make any sense. Yes, judges, hearing officers, and commissioners tend to be frustrated by pro se litigants as they rarely know what they are doing and often do not understand the process or the scope of the proceedings. The judge shouldn't be the one to tell you what the issues are. You either filed issues in which case you should know what you filed, or the employer/insurer filed issues in which case you should have received a notice of what those issues were. If you don't even know what issues are being adjudicated when you show up, you can't possibly present your case.
  17. As an assistant, you also may not be privy to all the details of her situation. There can be good reasons to allow this employee to do what they are doing. Challenging the legal management decisions made by others in authority without all the facts can be a career limiting move. You have asked about it and been told it is known and allowed. It is legal. I'd strongly consider dropping it.
  18. If your ex is looking to make life difficult, they picked a strange way to do so. Travel is months away and replacing a current passport is not terribly difficult. Annoying maybe, but easily remedied. https://travel.state.gov/content/travel/en/passports/after/lost-stolen.html It is unclear why you would be the one to remedy this if the other parent is the one traveling out of country and lost the passports.
  19. This isn't a legal issue. Kids often share rooms for all sorts of reasons. A friend of mine has 4 kids in a 7 bedroom house and the oldest son and daughter chose to share a room even though they didn't have to.
  20. I'm familiar with such hearings (though not in your state) and this situation as you describe it doesn't even come close to the kind of convoluted situation that typically give rise to a hearing. Being mid-year isn't unusual. Nor does is it odd based upon the age of the student. The folks at the district office didn't wake up one day and decide that Junior is no longer a resident. Something caused them to believe Junior doesn't live in the district. They also didn't just pick another district at random and decide Junior must live there. Why district 2? Does the other parent live there? Did you live there until recently? Do you have stable housing in the district (as opposed to "couch surfing", staying at a hotel, etc.)? Did you share the court order granting you physical custody? Has this changed recently?
  21. You assume incorrectly. Unfortunately interventions become more difficult once the person reaches their majority. Early interventions when the person is still a minor are key. Not all conditions manifest that young, though it sounds like this young man has always had challenges. It is unclear where his parents are and if anyone has ever sought guardianship of him. It is NOT an easy or even cheap process but if this guy is totally incapable of managing his own affairs and not continually breaking the law, it may be warranted.
  22. 18 is legally an adult, not a teenager. Other than one parent having a pretty common medical condition and both using a controlled substance at some undetermined frequency, it is unclear how the child is actually in danger. You don't say how you are related to these two young adults or the baby. If it is your home, certainly you are free to enforce whatever rules you like for the household regarding smoking or marijuana use. You don't mention if this is medical use or recreational. Possession of small amounts is just a misdemeanor. While the jury is out regarding the true effects of marijuana use for breastfeeding mothers, I would be surprised if personal use ( as opposed to a criminal conviction for distribution and or trafficking) were enough to cause a loss of custody any more than a mother who consumes alcohol while breastfeeding. I'm not condoning using, just pointing out that it isn't the dire circumstance you appear to think it might be. You can share the following with the parents for reference https://www.cdc.gov/breastfeeding/breastfeeding-special-circumstances/vaccinations-medications-drugs/marijuana.html There are no laws in SC that require children have their own bedrooms. CPS isn't going around looking for kids to case manage or find foster families for. Unless your home is in such a state that it poses an imminent safety risk it won't be held against you that you are improving your home.
  23. I'd be surprised if any of us haven't experienced a rapid change in water temperature while in the shower at some point in our lives. It isn't necessarily the result of any sort of plumbing malfunction. Second degree burns are pretty uncommon though. Water would need to be around 150 degrees to cause a near instantaneous second degree burn. Were there burns to the rest of her body? Water that hot would cause more than just the top of her head to burn. She should file a report with the hotel. I agree that it makes no sense that she wouldn't have reported this when it happened or why she thinks this would have any affect on her employment prospects. Showing up at the interview with wet hair (which sounds like would have happened either way- her hair wouldn't be drier after a cooler shower than a hot one), particularly with no explanation, probably hurt her chances more than anything. That isn't on the hotel though. If she never sought any medical care and had no damages as a result, there isn't much the hotel can do for her. She didn't pay for the room so they can't refund her stay. They might as a good will gesture off a free night or some other offering. Liability isn't assessed based on what "might" have happened or what "could" happen in the future. The late reporting will raise red flags and it will be difficult to prove a week later that the injury was the result of the shower. Certainly if she is concerned about the wound, she should be seen by a health care professional. ERs at public hospitals will treat anyone who walks in the door. Some urgent care centers will as well as health clinics offered by the local health department. Ultimately though, it is HER decision. If she is unwilling to pursue it, there isn't anything you can do about it.
  24. If you have a complaint about another poster you have a few options. 1. Report it to the moderators and let them handle it as they see fit. 2. If it was an issue with how a poster directed a response directly to you, send them a private message and discuss it like an adult. 3. Shrug it off and move on. Posting on long dormant threads to complain about what happened on other boards or in posts other than your own is not acceptable. Neither is assuming that every poster interprets the tone the way you do or that other posters are turned off by the way information was shared is also inappropriate. If those posters take issue with what was shared with them, they can follow one of the 3 steps above but it is awfully presumptuous for you to intercede on their behalf to complain about something which they themselves did not complain about or which they handled in a manner they were comfortable with.
  25. School systems the country over generally have policies that include requiring parental/guardian approval or notifying same regardless of the age of the student. If the student is over 18, they have the option of seeking an exception to those policies. (Conversely, most colleges have some sort of opt in policy as most students are over 18 when they enter, though typically still dependent upon their parents). This is not at all uncommon and you have a remedy if you wish an exception to the policies.
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