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  1. #1
    Join Date
    Apr 2010
    Posts
    4

    Default Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    I was injured 11/24/09 at work unloading trees off a semi, it tore my shoulder. I had an mri and it showed three small tears so they sent me to an orthopaedic surgeon. He said he thought they would heal with p/t, so I did therapy for two months with no improvement so he wanted to do surgery to clean up the scar tissue. He did surgery on 2/2/10 it was worse than the mri showed he removed bone spurs, part of my collar bone, and found two more large tears he repaired and reattached the tendons. He wanted me off work until 6/9/10. I went in for my check up today and he told me workmans comp wrote him and said I have to go back to work Monday on light duty. He said I can not use my left arm for anything at all, not even to make change. Well I am a cashier, I have to use both hands and arms, oh and no lifting . There is no job at my work which is a grocery store that you can do with one arm.My DR says if my boss says there is no light duty that I can do with only one arm then w/c will let it go I do not think they will, he also said to go ahead and go back but if they tell me to do something and it requires using my arm to walk out and call him and he will fight them. My question is can the insurance company make me go back to work before the doctor thinks I am ready to go back, it has only been 8 weeks since my surgery and if I do walk out can they drop my comp case or can they fire me for leaving my job ?
    Last edited by angryandinjured; 04-08-2010 at 12:03 PM.

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    Yes, they can try to make you go back. It sounds like there trying to get out of paying you ttd..

    Go back to work and give your employer a copy of the restrictions you received from your dr. If he can accommodate them then great, just don't do anything outside of the restrictions.(even if means sitting in a corner all day)
    In the other hand if the employer says they cannot accommodate, the employer should notified the ic and send you home. I would NOT recommend walking off the job!!!!!

    Your dr sound like a nice guy BUT he is not an attorney..

    I would recommend you contact an wc attorney in your area, you may have problems with the ic in receiving your benifits...

    Good Luck...

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    A release to return to work is a medical decision, not one made by your employER or the CA/claims adjuster.

    If your Dr won't release you, you should not return to work.
    If your Dr does release with restrictions, and your ER is willing to provide light duty within those restrictions, you should make every attempt to go back. If you don't, your wage replacement benefits will stop.

    WC is geared to treat your injury, and get you back to work as soon as possible.

  4. #4
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    Thank you so much for all the advice and yes I will call a wc attorney first thing in the morning. One more question for you guys. Am I entitled to a MMI evaluation and will I be entitled to a settlement of any kind when this is all over with, I have never been through this before. Thanks again.

  5. #5
    Join Date
    Nov 2009
    Location
    NJ
    Posts
    90

    Default Re: Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    Hi angryandinjured,

    I am in NJ and I did return to work with restrictions. I lasted two days and my co-workers and even my supervisor commented on how uncomfortable I looked while I was at work. My supervisor is the one who suggested that I stay home if I wasn't up to working.

    My restrictions were primarily sedentary getting up every half hour for five minutes to ambulate. Well every time I got up to ambulate for five minutes and sat back down, the next time I got up, my body was getting stiffer and stiffer. So I had an appointment with my Rheumatologist on the third day. By the time I finished my appointment, it was almost the time I told my supervisor I would be in. I called my supervisor and told her that I was too weak and tired and my body was aching all over. I asked could I work from home that day and she advised me no because they had not authorized me to do so yet. Since I had already given my ER a list of accomodations the day before, I thought they might let me do some training that I could access from my home computer. After she told me no I politely advised her that I would not be coming in again until after I saw my WC doctor. My appointment was a week away.

    When I went to my appointment, my WC doctor backed me up and the ER paid me from the time I was out the week before and continued to pay me until I had my IME,


    Bottom line is if you can't do it, advise your ER then call your WC doctor and see how soon they can see you.

    Good luck!

    browneyes

  6. #6
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: Can Comp/Ins Make Me Go Back to Work Before Doctor Thinks I Am Ready

    eventually yes, but that is something you should not be concerned with as of yet, focus on getting your medical issues addressed first. If/when you do settle, you need to give a lot of thought in your future medical care. If you was to take a lump sum payout, any issues regarding your work related injury will be out of pocket....

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