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  1. #1
    m.lewis Guest

    Default Employer Not Respecting Work Restrictions

    hello everyone,
    I need some help as to what my employer can do. Let me explain. I was injured on the job back in Dec. 2003. Have been going to the doctors ever since, trying to get my elbow healed. As of Feb 10, I"m still under workmen's compensation, however I am on "light duty" with restrictions of no lifting over 10 lbs. I work in a barn for a local entertainment show. My boss, the production manager, advised my lead person to tell me,"She can still clean stalls, I don't care. She can take out 1 scoop at a time and she can use her other arm." He is not taking into consideration of toting the manure cart, shoveling wood shavings using a big shovel, and then having to tote it all back.
    Can anyone help me understanding what my rights are and how to proceed?

  2. #2
    what Guest

    Default

    In your attempts to perform what duties that you are still able to do, it does appear that the "boss' is either knocking themself out to make the situation more difficult - or may not really understand the overall medical restrictions of which you must abide by in order for your elbow to function & to heal more properly.

    It doesn't seem that you ARE working within your restrictions. ? Discuss in detail with your doctor ASAP, exactly what you have stated here. Demonstrate - "visually" the various physical movements involved with the "light duty" schedule.

    Dependent upon what happens from there, and IF things around the barn still don't change ?

    Consult with a Workers Compensation lawyer. Perhaps they may find it necessary to give your Employer that shovel in order to "grasp" the real "scoop".

    Let him...."tote" that.


    Good Luck

  3. #3
    adjuster Guest

    Default

    It would help to know what state you are in. Nonetheless you need to address this with your doctor ASAP. If your employer is not abiding by the restrictions let the doctor know. I would also recommend you ask the employer to provide you with a detailed job description that can be given to the doctor for review. Let the doctor ultimately determine if you can do the job.

  4. #4
    jj Guest

    Default

    Question for adjuster.I injured my knee back in Dec. 02. Had surgery in Feb.03 for meniscus tear.My ortho D. order four weeks of PT. My insurer ignored the order. I told the ortho.He showed me exercises to improved andf stretch my leg back to normal.He declared me MMI five weeks after surgery,even though I was still limping and had fluid in my knee.I had to go back to oryho in may. My knee was not feeling well, my knee had still some fluid and hurt when walking. again he showed me exercises. Again he declaired me MMI, but this time he declaired me stable and rateable. Accoring to Nevada Statues they had 30 days to rate me. It was ignored by the insurer. The insurer closed my case back in agust. They said the the ortho dismised me, that is why it was closed.I am not feeling well at my knee. I appealed and I won. Well the insurer ignored the judges order to rate me because of the surgery. What can I do for the insurer to comply. It seems to me that they don't care. Thanks

  5. #5
    adjuster Guest

    Default

    Sorry but I do not know Nevada law. Quite honestly it sounds like you need an atty if you do not have one.

  6. #6
    anonymous Guest

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