Driver rights after a minor stroke? What to do now?

Since my driver hubby is NOT 'puter literate, his wife is stepping in here with a serious question! My husband has been driving for a very large company for 8 years. He's been a good driver/employee. However, in May of this year, he woke one morning to find a large blind spot in his left eye. His anniversary date with his employer was coming up and he needed to burn off a weeks worth of vacation, or lose it. He took his vacation and saw the ophthalmologist. Who sent him to a retinal specialist. He had had a stroke in his left eye. Went thru ALL the testing (including vision field test) and he passed. Meanwhile, his Drs wanted him to get some tests, find out why he had this stroke in his eye. He's 55 and in GREAT health. Saw a neurologist who took blood and ordered an MRI of his brain. Here it showed a second and new stroke in his left lobe, but NO impact on him at all! So 2 strokes within 6 or 8 weeks of each other. Meanwhile, we got the paperwork from Drs needed for employer for sick leave (no pay). His blood test shows he has Factor V Lieden Mutation, which is a clotting disorder. He has since tried to get a local driving job but 2 DOT drs have failed him because of the strokes. THAT is when we were told of the FMCSA rule stating he cannot drive for a minimum of 12 months, per FMCSA Expert Panel Recommendations Stroke and Commercial Motor Vehicle Driver Safety, pages 12 - 13. So, NOW what? His employer is sending threatening letters to terminate his employment if he doesn't return to work, even tho they KNOW he's had 2 strokes. We KNOW the employers own DOT physician will NOT pass him! We have also paid for 8 years, LTD insurance that would pay him for up to 2 years. Not much, but better than nothing. Do we let the employer terminate him? Will LTD insurance still cover him? They went him papers to fill out and want to know his limits....which are none! It's just the FMCSA rule that won't allow him to work! Not the Drs! It's been since early June now that we've had ANY income, trying to figure out what to do. Ask employer and they just say they don't know, other than if he doesn't return back, he's terminated. But again, we know FMCSA will not allow him to return to work. What a freaking mess! Anyone????

 

THAT is the $10,000 question! We don't know if we should just LET them terminate his employment and collect unemployment while he looks for another non-driving job, or seek advice and try to get the LTD.....and I don't know that the LTD insurer will even consider it as they want to know his PHYSICAL disability. Well, he has none....again, it's FMCSA rule that keeps him from driving! Hubby said as far as his employer is concerned, he's just a number and they don't give a rip.

 

Well, let me rephrase that; Dr has put no limits on him, that is what the LTD papers want to know. But yes! his limits are he cannot drive a CMV!

No, there are no other positions available. And, we live 150 miles from the nearest terminal (in Chicago). This is one of the top 5 transport companies in the U.S. with the company headquarters in Arkansas. We live at the IL/WI border. That's all they do is transport.....and of course, load planners. But they are hiring college educated computer savy employees for that. NO WAY can my hubby do that....even if they offered him, IF we were within a reasonable driving distance.

 

but see, that's the problem. Drs are NOT putting limits on him. FMCSA is, it's the rule. Drivers cannot drive for a minimum of 12 months after having a stroke. ANY stroke. Even if there is no physical impairments from the stroke. (he's actually partially blind in one eye, but passes DOT field of vision test.) He's already been to TWO DOT physicians, both have failed him. LTD insurance should cover a driver when they cannot drive because of a health limitation. should it matter if it's a Dr's limiting him or the Fed government (FMCSA/DOT). It's not a free insurance that was given to us, we PAID for it, $18 a week for 8 years.

 

Great idea Mr.X....The second DOT physician actually pulled out the FMCSA rule and showed him. Came home, told me and I found the website and printed it all out. page 12! I do believe he has the name and location of those Drs. In fact, this second Dr felt so bad that the clinic actually gave him his $80 DOT physical fee back before he left!