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  1. #1
    Join Date
    Aug 2009
    Posts
    3

    Default Released to Return to Work But Don't Want to Go Back

    I've been out of work due to an injury on the job and have been receiving workmans comp benefits. I have now been released to go back to work but now I do not want to go back. If I do not go back to work, will I have to pay any of my benefits back?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Quick

    no.
    it's not a loan or a salary advance from your old employer. accepting payments while you are off work is not contingent returning to the same employer.

  3. #3
    Join Date
    Aug 2009
    Posts
    3

    Default Re: Quick

    The insurance company that paid my workmans comp told me that if I didn't go back to work there that I would have to pay them back. Does this sound legit?
    Last edited by ga concerned; 08-15-2009 at 05:48 AM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Quick

    No...that doesn't sound right.
    Ask the CA to provide you with the 'rule' or law s/he is relying upon for that information...statute/code by number.

  5. #5
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Quick

    it depends on what you mean by "back to work".
    you can change employers but you can't voluntarily stop all employment and expect disability payments without medical authorization.

  6. #6
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Quick

    GAconcerned, you need to contact a WC attorney like yesterday. You being told that you have to repay ANY money paid as WC benefits contingent on your return to the same employer is total BUNK!!!!! Don't buy it.

    While you are deciding which attorney to use do as Bvia has suggested and ask that moron claims adjuster, or who ever told you that BS information, exactly what statue in the state of Georgia supports such nonsense. I can tell you right now there is NO such law/statue in this state.

    The only possible money that you could be held liable for is IF your company has been paying their part of your regular health insurance while you out on leave. They can bill you for the part they paid IF you do not return to their employment for at least one day.

    However, this is only true IF you choose NOT to return! NOT so if your doctor will not/does not release you to return to working for them. Again you only have to return to work as little as one day and that prevents them from being able to recoup the cost of your personal health insurance. That information is found at the Federal FMLA guidelines here is a link:

    http://www.dol.gov/esa/whd/fmla/

    As far as wage replacement, TTD, PTD, etc... No way is there any way they will be able to make you repay that money. Tell the dumb arse to go pound sand if he/she continues to assert that kind of garbage as laws/rules of WC in the state of Georgia. Just isn't so.

    You might also want to make sure that your claim is actually being paid under WC and NOT your short or long term wage replacement benefits. Some employers will try to pull that one on you and you will NOT have the same benefit provisions as you would under WC rules.

    Another thing you might want to consider is by NOT returning to work for the previous ER you could be cutting yourself off of future benefits that you might be entitled to. Especially IF you still have any kind of restrictions that the ER is required to abide by. Another, new, employer may or may not be able to accommodate your needs. Just something for you to chew on while you work out your other issues.

    Take care and be well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  7. #7
    Join Date
    Aug 2009
    Posts
    3

    Default Re: Released to Return to Work But Don't Want to Go Back

    SteelMagnolia,


    I took your advise and returned to work for the same employer as my doctor released me to go back with no restrictions. My boss has been taking it easy on me and not making me lift heavy objects as much. But now, as time has gone by that has changed and I've been made to lift heavy objects again, and now my back is starting to hurt again. Any advice on what I should do now?

  8. #8
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Released to Return to Work But Don't Want to Go Back

    Absolutely I am full of advise, !!! Go back to your ATP and let him/her know that your job when you are required to participate in lifting heavy objects is causing your back to hurt again. At a minimum s/he should write you for restrictions for NO heavy lifting. Make sure that the doc puts the exact number of maximum pounds you are to lift. Just a generic no heavy lifting will not cut it. To some heavy might be anything over 20 pounds, while to others it may be anything over 100 pounds.

    Good luck to you. Take Care and Be Well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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