company always puts me out on disability even though wc approved with 3rd pa it has affected my service credit

Question

been out 4 times for industrial injury and consequential injury of blood clots from surgery every time my boss puts me out under company provided disability even though they know its workers comp 3rd prty add accepts wc but denies disability then my boss shows it as personal injury and then they put me on company initiated personal leave even though im on approved workers comp i call them on it every time they have now taken almost a year worth of my seniority obviously alot more here but not enuff space so what do i do about this deception they pull the last time they did it i called them on it right away with communication via text from the hospital and when i got out of hospital a week later i called and asked why they did the disability thing again and they said they didnt know it was workers comp he had forgot about the text messages no one seems to care about this but its gonna have a big affect on me what do i do

Nancy J. Wallace · Answer

The solution is to put every communication IN WRITING.   Or to get an attorney who will put every thing in writing.   IF YOU CAN PROVE these decisions are made solely to retaliate against you for requesting workers comp benefits, you can get an increase in Permanent Disability and get the losses re-instated (as far as Human Resources is able... reduction in PERS contribution is generally never corrected or undone).   If you had an attorney and the attorney was familiary with Labor Sec. 132(a) and warned the employer that if your accruals or retirement contributions were compromised in retribution, she would file a 132a Petition against and and a Sanctions and Penalty petition against them, this would likely stop.

Q: company always puts me out on disability even though wc approved with 3rd pa it has affected my service credit