California Worker's Compensation - Help For Injured California Workers

• California Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• California Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 8 of 8
  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    I've been off work on workers comp since aug 2009. I havn't had any medical treatments except for prescriptions and 8 physical therapy sessions. My initial MRI read a 4mm disk protrusion pinching a nerve which puts my left leg to sleep matbe once or twice a day. After lawyer depositions and a Quality Medical Examiners evaluation which he really did'nt examine me. I'm still sitting here at home in pain. The QME report finally came in and it was to my favor, approving an epidural shot and forced my employers insurance company to pay me retroactive for lost wages. So now comes my problem...Now that the employers insurance company is forced to pay me for time off. my employer is ready to offer me a MODIFIED POSITION... I still havn't set my appointment for my epidural shot. I felt i was rushed to work without proper treatment. I did seek another doctor he set me on TOTAL TEMPORARY DISABILITY. (On my lawyers advice) My question is, Can my employer go against my current doctors disability status and force me to work. My current Dr. feels i cant perform and wants to wait until my shot. Can my employer overturn my Doctors disability status set for me..please advise thx.

  2. #2
    Join Date
    Jul 2008
    Location
    ca
    Posts
    863

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Your employer cant change your doctors restrictions. That being said, if your employer is offering you a "modified" job, Iam sure the DA will have that job duties sent to the doctor and they will say you can do the "modified" job.

    If they want you sitting at a desk counting paperclips, you cant turn it down. Remember, now your the injured worker, your life will probably be hell at work.

    Keep in close contact with your attorney.
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  3. #3
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Is your current doctor that took you completely off of work now your work comp primary treating physician? Are you in an MPN (medical provider network), if so is this new doctor in it?

    If you are not stuck in an MPN (medical provider network) then your primary treating doctor can be any doctor that takes work comp. If you are in an MPN, and you picked a doctor outside of the MPN for these off work orders...I do not know if your employer will use that as an excuse not to recognize your new doctors off work order.

    It is going to depend on your doctor. If he is not one to bend over for insurance companies, then he will not release you back to work, if he feels you medically should be off. Your employer cannot reverse your current disability status.
    Last edited by kelly38; 03-22-2010 at 05:51 AM.

  4. #4
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Thank you very much for your replies. yes he is in the MPN and he set me on temporary total disability pending my epidural shots. I stated to him that I was concerened that my employer was too anxious to send me back to work and is modifying a position for me. he stated that in my condition he would turn down even a pencil sharpening position that is what is worrying me. if they offer me a position and my Doctor denies it could I also be fired

  5. #5
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    You should have 12 weeks of FMLA, and you cannot be fired during that time.

    Now comes the confusing part...they may or may not be able to fire you if you are beyond the FMLA time. This is depended upon if your injury falls under ADA (American with Disabilities Act). It is unknown if you fall under this.

    You should have a conversation with your work comp attorney about this. Also, ADA laws are sometimes beyond the scope of some work comp attorneys.

    I will send you some links below about ADA. Again, not all injuries fall under ADA. Does your employer have at least 50 employees?

    Also, if your employer does fire you, it does not necessarily mean they will not re-hire you when you are released back to work. That is when you will need to initiate the interactive process with your employer in writing, letting them know you wish to return to work with restrictions.

    Please read these links...
    http://www.workerscompensationinsura...ad.php?t=33769

    and this one ...

    http://www.workerscompensationinsura...ad.php?t=41032

    Quote Quoting navrod View Post
    Thank you very much for your replies. yes he is in the MPN
    Good!!

    and he set me on temporary total disability pending my epidural shots. I stated to him that I was concerened that my employer was too anxious to send me back to work and is modifying a position for me. he stated that in my condition he would turn down even a pencil sharpening position that is what is worrying me.
    Good, you have a doctor who is looking out for your health. Keep this one.

    if they offer me a position and my Doctor denies it could I also be fired I replied above
    I wish you the best.
    Last edited by kelly38; 03-22-2010 at 08:15 AM.

  6. #6
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Another member sent me this link, that may help explain the return to work process, and what rights you have with ADA and FEHA.

    http://www.dir.ca.gov/dwc/educonf14/...A_FEHA_RTW.pdf

  7. #7
    Join Date
    Mar 2010
    Posts
    1

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Sadly in California employers can do whatever they want, apparently. I too was injured on the job, accepted a modified position, until my employer NEEDED a delivery driver immediately. Inspite of my modified duty status and doctor's orders (do not lift over 5 lbs, do not drive truck, etc) my employer threatened to fire me if I did not make these deliveries. So I did. Guess what. I exaserbated my back injury and after 4 years I am still in chronic constant 6 to 10 pain. He did not get punished, I did- I was terminated because I couldn't do the job and I am sadly very depressed, on constant pain meds, in total dire poverty, and in jeopardy of foreclosure on my home. It gets worse from there. Oh yeah, my employer was United Ag Products, now called something else. Bitter? You bet I'm bitter! I'll never work another day in my life because I valued my job and wanted to keep it. United Ag Products, hm.

  8. #8
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Afraid My Employer Will Ignore My Doctors Disability Status Set for Me

    Hi Phobos55,

    I am sorry to read what has happened to you with your injury, as well as financially. If you are not able to work due to your injury, I recommend you apply for SSDI (social security disability) if you have not done so already. Below is a good link about SSDI.

    http://www.workerscompensationinsura...ad.php?t=33768


    I am also giving you a link that contains resources, such as help with paying utilities, food banks etc. You have to click on California, if it is not set there, and you will see lists of resources in alphabetical order. Many will not apply to your situation, but there are some that may.


    http://www.patientadvocate.org/report.php
    Last edited by kelly38; 03-27-2010 at 09:34 AM.

Similar Threads

  1. On Ignore
    By retiredandconfused in forum California
    Replies: 3
    Last Post: 01-16-2010, 04:14 AM
  2. Afraid of Employer
    By nurse34 in forum Employment
    Replies: 3
    Last Post: 08-03-2009, 02:56 PM
  3. Changed Status to Permanent Partial Disability
    By tehill25 in forum Arkansas
    Replies: 1
    Last Post: 10-09-2008, 06:41 AM
  4. Ordered to Ignore Doctor's Work Restrictions
    By sidelined in forum Employment
    Replies: 23
    Last Post: 10-09-2007, 07:38 AM
  5. Doctors Disagree Over Disability
    By eyeamsum1 in forum Tennessee
    Replies: 1
    Last Post: 04-13-2004, 07:06 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer