my doctor said it was rediculous that i was assigned
the dudies that they gave me and that any manager
should have know i'd be hurt. yes we did argue that,
but again since we can't go to court but appeal to the
same arbritary bureaucrats that made the initial
decision, no amout of logic is any good.
--- Deri James <[log in to unmask]> wrote:
> On Monday 26 November 2007 23:09:07 ken barber
> wrote:
> > how would i reach DREDF. I'D FEEL better if the
> next
> > person had a better chance.
> > but hey, i am still super gimp. i can't be hurt
> > becouse i have CP. the government keeps affirming
> > that.
> >
>
> Hi Ken,
>
> Just had a thought, may be bonkers.
>
> If I understand their logic correctly:-
>
> A non-CP person doing the same job as you would not
> have suffered your back
> problems, ergo, the fact you DID suffer a back
> problem, MUST be due to your
> pre-existing CP condition.
>
> I can see how that logic would be attractive to
> them!!!
>
> However, can't you use that same logic against them?
>
>
> If job+CP = CP BackProblem then couldn't you argue
> that because you had CP and
> did that particular job then getting a back problem
> was inevitable and should
> have been foreseen by your employer. Who, since it
> is inevitable, because
> you have CP (according to their logic), would then
> be obligated to take steps
> to ameliorate the condition.
>
> This is the same logic as someone who gets RSI, the
> employer should change the
> ergonomics so that further damage does not occur.
>
> This is a subtle difference from what you argued
> (that the job caused your
> back problems because you had CP). Rather, the back
> problems were caused by
> your CP, and your employer should have foreseen it
> and made any necessary
> accomodations to minimise the chance of it happening
> (switching it from a
> purely health/employment issue, to a disability
> accomodation issue). For
> example:-
>
> Were you regularly ergonomically assessed, for
> correct posture/working
> position?
>
> Were you offered the opportunity to do "remote"
> working from home?
>
> Were you offered flexible working hours so you could
> minimise travel time by
> not hitting the rush hour.
>
> All these things may have delayed or prevented the
> onset of your back
> problems, so if they weren't offered, shouldn't your
> employer be liable.
> Incidentally, I receive all 3 of these
> accomodations, so if I did develop a
> back problem I couldn't sue (shame!!).
>
> Of course I don't know the disability employment
> laws in the US, but in the UK
> there is quite a bit of legislation that would be
> useful.
>
> Cheers
>
> Deri
>
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