"Industrially disabled"???

Question

I stopped working on my Dr.'s advice in Nov. of 2005 for a mental disorder because the stress of my job environment was too much. I was getting treatment throughout 2006 for this disorder and did not work, tried going back to work in Jan of 2007, had to quit again for the same reason in April. Filed state disability in May and was informed that my "base period" in 2006 showed no earnings, so no denial but no award amount either... Limbo! Was advised to request in writing that they use a base period from the end of 2005 from my last job since I was "industrially disabled" throughout 2006. They keep asking me if I worked in 2006 despite having told them in writing 3 times NO, as well as WHY NOT!! Don't know if my understanding of "industrially disabled" is off, but asked my case worker and even SHE said she doesn't know when asked to define the term!! Can ANYONE help me or offer solid advice?!?

Answer 1

I am a certified rehabilitation counselor with a master's degree and I have never heard this term. (As per John's note - it is a California term. So if you are not in California it means nothing to anyone. And it you are - the doctor is saying you are disabled for only 2 years and every 2 years you would have to be recertified as disabled.)

Who used the term? If it is your doctor, his/her use of a term no one understands is causing your problem. Your doctor needs to be very specific about what your disability is. What it prevents you from doing in terms of work. And if this is permanent, needs to describe it as a permanent disability because it does not respond to medication.

Examples:
Is unable to keep track of time, needs reminders.
Is unable to follow oral directions, must be in writing.
Must have a 30 minute break to take medication at specific times as medication causes blurred vision temporarily.
Cannot handle interpersonal conflict due to disability.
Cannot handle being criticized/ directed and cries.
Has a violent temper that is due to disability.
May not be on time to work as too depressed to get up.

Answer 2

Here is a link to check out:

http://caselaw.lp.findlaw.com/cacodes/uic/2775-2778.html

This is an excerpt from the above link:

"2776. As used in this article:
(a) "Industrially disabled person" means an individual who has received or is entitled to receive benefits under Division 4
(commencing with Section 3201) of the Labor Code, and who is unable to perform his regular or customary work for 60 consecutive days or more, but not to exceed two calendar years from the date of commencement of his industrial disability.
(b) "Industrial disability" means a disability compensable under Division 4 (commencing with Section 3201) of the Labor Code."

Good Luck

Answer 3

I am wondering if she is going to try to send you back to your employer under workers comp so they can find a different position in the company that you could handle? Almost sounds that way to me.

Answer 4

I've never heard that term, "industrially disabled", interesting. I hope you get it though, sounds like you really need it.