My boyfriend joined the army reserves but did not say anything about his current workers comp claim?

by admin on September 6, 2010

My boyfriend joined the army reserves but did not say anything about his current workers comp claim with previous employer

My boyfriend just joined the reserves and left for basic training about 5 days ago. I was surprised that he was accepted because according to his injuries, he is over 50 % disabled (back, asthma & I think emotional problems). I asked him if he had informed his recruiter about his worker comp case which has been going on for almost 3 years and still not closed. He said that he informed his recruiter but the recruiter said for him not to mention anything in the paperwork when he enlisted (I think for 6 years). Now I received a letter (because we live together) from the workers compensation court that he has to show up in court in 10 days and I don’t know what to do since I can’t reach him, and I don’t have a phone number or address. My question is, is that ok for a recruiter to inform him not to say anything about his workers comp case which was still open? Would have he been accepted even with an open workers comp case and 50% disability? And how can I get a hold of my boyfriend now to tell him about his court case? Should I contact the recruiter about this? Will he be able to get out of basic training and then go to the court hearing and then be able to return and continue? I would appreciate any comments or suggestions. Thanks.

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MissMP September 6, 2010 at 4:35 am

The answer is No he wouldn’t have been allowed to join the Army with 50% physical disability. If we is truly disabled and got this passed the doctors then this is what the military calls "fraudulent enlistment" and could result in heavy fines and prison time.

What it seems like is your boyfriend chose to join the military and give up on his comp case. He knew it had not settled yet and he still left, right? You shouldn’t call and say anything to any of his chain of command where he is training because he could get in serious trouble. I wouldn’t even suggest writing it in a letter because sometimes they get read by the wrong people. Wait to talk to him on the phone to find out what he wants to do.

Your question about the recruiter: They wouldn’t have had him lye about something this extreme because they could get in trouble as well. Waivers are possible for some injuries. Maybe your b/f obtained one.

As far as the court date goes, you can’t call them either because they could call your boyfriend’s chain of command and get him into trouble by stating he has a comp case pending for a physical injury. They wouldn’t be able to disclose exactly what for… but it could stir up some trouble.

If the court date passes he could very well lose his case all together and the employer will win by default. They may possibly try to contact your boyfriend’s attorney to reschedule or your attorney may be the only one who has to be present anyway. Hopefully, he doesn’t lose this case and then he is able to complete his training without injury because then he will lose the benefits from both the comp case and the military.

He really should have taken care of the comp case before he shipped. But, just talk to him on the phone. There may be some info you’re unaware of. I hope this works out. Keep every thing quiet for now.

Daniel M. September 6, 2010 at 4:35 am

He may have misunderstood his recruiter or the recruiter lied. A recruiter will inform you not to bring up petty or senseless injuries you have recieved throughtout your life as many of these may be grounds for not getting in. However, lying about such a thing as a workers comp could have serious consequences, had they known of the 50% disability, he would not have gotten in.

Tool September 6, 2010 at 4:35 am

Look your boy friend wanted to better his life and serve in the military plain and simple. Have his parents inform the court of where he is at. Keep your pie hole shut about the rest. Evidentally he and his recruiter had an understanding. No matter what you hear from this question don’t ruin your Boy friends chance of serving his country. His recruiter will just deny it anyway so just be a good girl and wait for him.

jackiniraq September 6, 2010 at 4:35 am

Your Boyfriend is obviously trying to take his life to the next level. Idealy he should have disclosed his status. He believes he did. So, maybe, leave it at that…?
If the hearing is simply the hearing where the judge is going to hear both sides and make a decision…your B/F will lose. He is not there so the judge will decide for the other side. If the other side is not suing him for anything then it’s done. Your boy friend wont get any money or compensation.
He is just your boyfriend, make sure his parents know about what’s going on, and inform your boyfriend as soon as possible.

Gerald September 6, 2010 at 4:35 am

You act like your married and have a legal obligation — your just playing house…
If he has not wrote you a letter by now with his address to write back — you have been left out. When I arrived at basic we were ordered to write a letter to let people that I arrived safely and was in good health… I guess your letter got lost…

Eric September 6, 2010 at 4:35 am

Your BF could be #@$%ed. If he has been pulling 50% for injuries but can somehow "work" through basic, he will be sued to hell and back. This is also a criminal offense that will surely end his military career before it starts.

If he indeed scammed his employer for free money, I hope he pays the full price.

If he’s just trying to sue for 3 years of back comp at 50%….WTF is doing in the military, fit enough to fight?

Just let him know when/if he calls you.

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