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The Law Office of William L. Phalen fights for an injured worker’s right for temporary total disability.

A working mother was wrongfully terminated from her position after suffering a workplace injury and abiding by an agreed upon schedule arrangement with her employer. William L. Phalen fought for her rights and won, with the court granting her temporary total disability.

The claimant working for the employer in this case suffered a workplace lifting injury and immediately reported it through the proper channels. She received conservative care and was given some physical work restrictions that were accommodated. The employer utilizes an attendance program built on a point system. Certain unexcused absences and tardies are assessed as demerit points. Once any probationary employee accumulates more than seven demerit points, they are terminated. The claimant in this case was a probationary employee. 

The claimant is also the mother of three school aged children. Upon engaging in employment with the respondent of this case, the claimant negotiated an agreement that she could leave work on school days at 3:00 pm to ensure her children were picked up after school. It was understood that this agreement did not then violate the attendance policy. Nevertheless, the claimant began receiving demerits for early departures on school day after her work accident. These demerits, along with others, finally culminated to the point of termination. 

Despite lengthy testimony and cross examination, the court found that the respondent’s position, built on hearsay and untested by cross examination, was skillfully argued but not entirely pervasive. The claimant was subject to the rigors of cross-examination and her story, which was fairly challenged, was not destroyed. The direct testimony that the verbal agreement was made thus prevails.

William L Phalen is happy to have fought for this court order and will always continue looking out for those unfairly treated by their employers.

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September 26, 2019

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Offices:

Pittsburg, KS 66762
200 W. Fourth Street, PO Box 1346

Phone (620) 235-1806
Toll Free (800) 235-1807
Fax (620) 235-0289

Coffeyville, KS 67337
1013 W. 8th Street

Phone: (620) 251-3470
Toll Free (877) 251-3472
Fax: (620) 251-3471

Kansas City, KS 66101
650 Minnesota Avenue

Phone: (913) 281-5557
Toll Free: (800) 235-1807
Fax: (913) 281-5558

Joplin, MO 64804
3016 McClelland Blvd., 2nd Floor

Phone: (417) 782-7767
Toll Free: (800) 235-1807
Fax: (417) 782-7796

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Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Joplin office by appointment only.

Phalen Law Firm provides experienced representation for workers compensation and personal injury cases in Kansas City KS, Pittsburg KS, Coffeyville KS, Chanute KS, Independence KS, Joplin MO, Neosho MO, Carthage MO, Webb City MO, Seneca MO, Sarcoxie MO, Cassville MO, Monette MO, Galena MO, Riverton MO, Columbus MO, Parsons MO, Neodesha MO and surrounding areas.

The Law Office of William L. Phalen, 200 W. 4th St, PO Box 1346, Pittsburg, KS 66762; Phone (620) 235-1806, Toll Free (800) 235-1807, Fax (620) 235-0289
The Law Office of William L. Phalen, 650 Minnesota Avenue, Kansas City, KS 66101; Phone (913) 281-5557, Toll Free (800) 235-1807, Fax (913) 281-5558
The Law Office of William L. Phalen, 1013 W. 8th Street, Coffeyville, KS 67337; Phone (620) 251-3470, Toll Free (877) 251-3472, Fax (620) 251-3471
The Law Office of William L. Phalen, 3016 McClelland Blvd., 2nd Floor, Joplin, MO 64804; Phone (417) 782-7767, Toll Free (800) 235-1807, Fax (417) 782-7796