i was actually blocked from transfering out of the job
that hurt me the most between 1981 and 1992. or i'd
say sabataged from being able to transferred. it'd be
too long a story.
--- Kat <[log in to unmask]> wrote:
> Deri, the present ADA regs state that the
> accommodation has to be requested
> by the disabled employee, so if Ken didn't request
> such accommodations, then
> I don't think he has legal standing under that
> avenue. Of course I could be
> wrong as I'm not a legal expert in disability
> issues, but that is how it was
> presented to me and I work in the private sector.
>
> Kat
>
> --------------------------------------------------
> From: "Deri James" <[log in to unmask]>
> Sent: Monday, November 26, 2007 8:41 PM
> Newsgroups: bit.listserv.c-palsy
> To: <[log in to unmask]>
> Subject: Re: WELL WE GOT OUR FINAL DECISION
>
> > 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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