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  1. #1
    Join Date
    Mar 2009
    Posts
    3

    Default Permanent Restrictions

    My workers compensation claim was made in the State of: Ohio. I'm new here and placed this in the Ohio forum first. Please forgive me if this is a duplicate post:

    I worked as a typist and had bilateral carpal tunnel release surgery a while back. My doctor released me back to work with "permanent restrictions" including 4-6 hour work days. I am receiving wage loss to fill in the gap between what I used to make and what I make now on those restrictions, with a different employer. What does "permanent restrictions" imply? I am starting massage therapy next week for continued problems.

    Also, I am hoping to get further input here regarding why I must return to my employer of record when there are others that can meet my restrictions. My employer "assumed that I would return to them upon release since they are the ones paying for the workers comp claim." (Straight from the horse's mouth in Human Resources.) They started sending me equipment that I did not request or know about for a start date that they chose! I feel like I am being forced back to a place that I don't want to go. I don't trust them. I am reading horror stories where employees have returned to work for previous employers and ended up being laid off or fired and losing their WC benefits. I read in Ohio workers comp law that the employer is required to furnish me with the job offer in writing including pay, hours, etc. They did not do this. I am happy where I am presently working. Don't I get a say? What am I not understanding here?

    I don't have an attorney...yet.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Permanent Restrictions

    What does "permanent restrictions" imply?
    Just exactly what the words mean..."permenant''. When you sustain a industrial injury, you receive treatment, wage loss benefits, and IF there is any 'permenant full/partial disability' due to the injury, that is the basis of your PD/Impairment rating, and what your 'award' is based on...the monetary compensation for your loss of ability to compete in the open labor market.

    My employer "assumed that I would return to them upon release since they are the ones paying for the workers comp claim."
    WC is not oriented to a successful RTW in your pre injury capacity, or with the pre injury ER. WC laws differ from state to state, but the concept is the same. A return to gainful employment is the goal. It doesn't really matter that this ER is paying for benefits as a self insured company, or through an IC receiving a premium. The statement you heard was no doubt one of another co-worker/HR rep. of your ER.

    Once you are MMI, and released to RTW, it would be 'assumed' you would return to the ER where you still have a job if there can be a 'reasonable acommodation' made for your return, if possible.

    They started sending me equipment that I did not request or know about for a start date that they chose! I feel like I am being forced back to a place that I don't want to go.
    If your treating physican has released you to RTW, then your ER has a copy of the release, along with any restrictions you have, and that would probably include any work place adjustments necessary for your RTW...that is a 'reasonable acommodation' that has been made by your ER. They have not made the medical decision on your RTW date, your doctor did. While you may not decide you are ready to go back, the ER/IC would not be liable to continue disability/wage loss benefits either.

    I don't trust them. I am reading horror stories where employees have returned to work for previous employers and ended up being laid off or fired and losing their WC benefits. I read in Ohio workers comp law that the employer is required to furnish me with the job offer in writing including pay, hours, etc. They did not do this. I am happy where I am presently working. Don't I get a say? What am I not understanding here?
    There are some overlapping laws/rules between state WC laws, and federal mandates. One federal rule would be under ADA, and the 'interactive process'...it isn't clear which party, IW/ER should make the first move. It would be in the best interest, financially, for the EE/IW to send the ER in writing a request to begin the process. This is a face to face meeting to determine if an acommodation is necessary, what that may consist of and a RTW date along with the job offer acceptable to both parties.

    It appears you have made the decision not to return to this ER, based on reasoning that you fear thie potential actions... not really valid where you expect benefits to continue. (TTD/TPD particularly)

    Did you notify your ER of your intent to seek employment elsewhere...? Looks like your ER is under the impression you are still an ''EE'' with this company.

    You always have a 'say' in whatever you do. The results however may not be what you intend. The rules are in place for both parties to follow, you and the ER. While they may be required to make the job offer in writing...it would also be important for you to be in contact with your ER on your decisions.
    Your WC benefits...medical treatment, follow you, regardless of where you are employed.

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