 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Merante v. Director of Job & Family Services11/23/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant Joseph Merante appeals from the Lorain County Court of Common Pleas, which affirmed a decision by the Unemployment Compensation Review Commission to deny him unemployment compensation. We affirm.
I.
{ } Mr. Merante is married and has two children, ages six and sixteen. Mr. Merante's wife, Sharon, suffers from migraine headaches. During her youth, they occurred on a monthly basis and were associated with her menses. In 1993, she was severely injured in an automobile accident, and approximately a year later began to suffer increasingly severe headaches, often triggered by weather changes or stress. These headaches ranged from mild (two to three per week) to severe, which left her bed-bound and nauseous (once or twice per month), to debilitating, which required visits to the emergency room (once or twice per year). By all accounts, these headaches were responsive to rest and medication.
{ } Mr. Merante had been employed by the Lorain County Department of Job & Family Services (JFS) since November 1984. At some point, Mr. Merante began to stay at home to care for his wife during her migraine headaches rather than go to work. Accordingly, these absences were as unpredictable, sporadic and intermittent as the onset of the headaches. However, these absences were also recognized as authorized leave, to the extent that they fell within the Family and Medical Leave Act (FMLA) of 1993, Pub. L. No. 103-3, 107 Stat. 6 (codified as 29 U.S.C. Chapter 28, Sec. 2601, et seq.). In 2001, Mr. Merante used the maximum 480 hours of leave designated by FMLA. This was certified by a physician and apparently uncontested by JFS. Again in 2002, Mr. Merante used the full 480 hours, with certification from a physician and endorsement from JFS.
{ } However, questions arose in 2003 when Mrs. Merante's physician, Dr. Mark Bej, completed the FMLA recertification form but stated that leave was not necessary to ensure Mrs. Merante's care. Dr. Bej later amended the form to assert that leave would be required, and noted: "Migraines have worsened. I don't know why. This is not unusual; migraines." After some dispute, Mr. Merante was allowed to replace the certification from Dr. Bej with a certification by another physician, Dr. Darshan Mahajan, who wrote:
"[Sharon Merante] suffers from migraine headaches which occur sporadically, at times as frequently as twice a month. The headaches may last two days. These can be quite debilitating. Sharon requires help from her husband, Joe Merante, when these attacks occur, depending on the severity. Specifically, she may need help walking to the bathroom, getting cleaned up, inserting rectal suppositories for the nausea and vomiting, as well as supervising the children."
However, Mr. Merante contested Dr. Mahajan's opinion that his aid was needed only one or two days per month, and Mr. Merante was allowed to obtain a certification from yet another physician: a Dr. Steven Samples of the Cleveland Clinic Headache Center, who had treated Mrs. Merante in the past. Contrary to Mr. Merante's expectation, Dr. Samples' opinion was that Mr. Merante was not needed to assist his wife during her migraine headaches. Finding this opinion to be in conflict with that of either Dr. Bej or Dr. Mahajan, the parties (JFS and Mr. Merante) mutually agreed that Dr. Tarvez Tucker would render a deciding opinion, pursuant to FMLA's provisions on conflicting opinions.
{ } Dr. Tucker issued a three-page letter, in which he summarized Mrs. Meran
Page 1 2 3 4 5 6 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|