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  1. #1
    Join Date
    Oct 2009
    Location
    Marianna,FL
    Posts
    72

    Default Ongoing Doctor Work Restriction Problem

    I went to the local health department last week and the doctor wrote an opinion that surgery was needed for my now irreducible ventral hernia. He did not place me on any work restriction(s).
    At the beginning of my W/C case, about 9 months ago when the hernia formed due to all the coughing caused by sulfuric acid, the W/C doctor did not place me on any work restriction(s).
    Because the W/C doctor failed to place me under any restrictions, the hernia has become progressively worse. And because the health department doctor also failed at placing any restrictions on my work, my employer can only assume that I can work.
    I would think that anyone with common sense would realize that an irreducible hernia would be a good reason not to work. But no, I suppose not.

    My questions are:
    Are employees required to submit a work restriction note to their employer even with a written "need for surgery" opinion from a doctor?

    Under what statutes and/or law can work restrictions be found?

    Thanks

  2. #2
    Join Date
    Oct 1971
    Posts
    3,503

    Default Re: Ongoing Doctor Work Restriction Problem

    cwlewis3261
    Are employees required to submit a work restriction note to their employer
    Yes

    Under what statutes and/or law can work restrictions be found?
    They can't, they aren't "law"
    Restrictions are based on a medical condition, your work duties and your doctors opinion.
    A need for surgery doesn't necessarily mean work restrictions.
    There are many medical conditions that don't restrict an employee from full duty.
    Like I said, it depends on your work duties as they relate to your condition.
    In your case the doc must have a reason to believe that your hernia doesn't have an effect on your ability to perform your job.
    This isn't rare, happens all the time.
    Tony
    Last edited by tony; 12-22-2009 at 08:50 AM.
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  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Ongoing Doctor Work Restriction Problem

    Your ER would not be bound to provide any reasonable accommodation with out medical evidence/opinion of a Dr.

    Not all industrial injuries are considered 'disabilities' under ADA/EEOC rules.
    What you have is an injury/illness, not a disability.

    The law does not define restrictions, your Dr would determine those, and restrictions are on your daily functions/activities, not your job or employer.
    Are employees required to submit a work restriction note to their employer even with a written "need for surgery" opinion from a doctor?
    A ''need for surgery'' statement is not the same or indicate you have any restrictions. Your Dr would only place job restrictions, or light duty classifications based on what your job duties are. If your job is basically sedentary, there may not be any restrictions due to your condition/injury.

    Did you discuss restrictions with your Dr...or your concerns over your job duties. The Dr isn't going to place general restrictions on you. A presumption that you woudn't do something that causes you to ''hurt'' would not be out of the ordinary.
    I would think that anyone with common sense would realize that an irreducible hernia would be a good reason not to work. But no, I suppose not.
    Lots of people go to work every day with ''pain''....
    Why are you seeking treatment at a local dept of health, and not through the WC/IC doctors...?
    Your WC treating physician is the Dr who controls the benefits in your claim.

  4. #4
    Join Date
    Oct 2009
    Location
    Marianna,FL
    Posts
    72

    Default Re: Ongoing Doctor Work Restriction Problem

    First off, thanks Tony and BvIA, I can always depend on a quick response from you guys.

    To both Tony and BvIA: My need for surgery is due to my intestines sticking out of my abdomen.

    To BvIA: I sought treatment at the local health department because the W/C doctor WILL NOT see me. That is the reason I went to the health department in the first place! And as far as pain, it hurts like HELL!!!

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Ongoing Doctor Work Restriction Problem

    To BvIA: I sought treatment at the local health department because the W/C doctor WILL NOT see me. That is the reason I went to the health department in the first place! And as far as pain, it hurts like HELL!!!
    I'm sure it does hurt.
    Not all hernias are compensable on an industrial basis.
    If you have a denied claim... you should go to a Dr and get the treatment necessary.
    At some point, if you want to pursue the comp claim, you'll have to litigate these issues in WC court.
    With the pain you are presenting symptom to... I would not wait to treat at this point. WC benefits or not. If the hernia ruptures.. you'll be in bigger trouble than worrying about weekly benefits or who pays for surgery.

  6. #6
    Join Date
    Oct 2009
    Location
    Marianna,FL
    Posts
    72

    Default Re: Ongoing Doctor Work Restriction Problem

    To BvIA:
    Went back to the health department today. Finally got the work restriction letter my employer has been requesting. Also got a surgical referral from him for this painful ventral hernia.
    I would probably die if I kept on waiting on the fine W/C people to get their act together. Hell, they deny everything associated with my claim.
    Glad I took your advice. Thanks BvIA.

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