Can They Make Me Go Back to Work

[mad]

I got hurt three years ago and had surgery,but the surgery didnt go well and now I have more problems than before.(I used the workers comp Dr to do the surgery) My Doctor wants to do another surgery to fix the problem he caused,but the ime wants to do a different surgery (fusion to the ankle)that my Dr and I don"t agree with.This has been going on for a year and a half,Now out of the blue work wants me to go back to work Monday with no restrictions!!and against my Dr's orders not to return to work! My Lawyer says to return and see what happens,but I'm afraid i'll damage my foot more!! so my question is can work make me do the work against my Dr's orders??

[BvIA]

No one can "make" you do anything.
By not cooperating with the ER/IC, you risk loosing the weekly benefits you are currently receiving.
Follow your Dr/atty advice. Your Dr can place restrictions on you. There should be no reason not to have a light duty or sedative work restriction if your Dr feels the necessity.

[mad]

WoW thanks for the fast reply!!! But the Ime said there are alot of problems with my foot and at the end of his report it says can return to work???? a few days later my doctor said there is no way I can return to work in this condition. work is telling me that because the ime said to return that i'm cleared to return on monday. I work in construction. Also they say i'm back on full duty!!

[BvIA]

work is telling me that because the ime said to return that i'm cleared to return on monday. I work in construction.

Generally speaking, you personal Dr has no to little input in a comp claim.
The WC Dr you treat with controls the benefits eligibility and a IME Dr is used to resolve disputed medical issues. Right now, they have an IME Dr saying you can return to work.
Not going to work, as I said, can be reason to stop your benefits until a judge rules on the issue.

[mad]

Thank You BvIA and Last Chance, I really appreciate the advice. Guess I just go back to work and see what happens,but i'm scared to death that I will injure myself more!! I'll post what happens. again THANKS for the advice!!!!!

[mad]

Mano,when workers comp decided I needed surgery I went and had the surgery with their Doctor,after one year of recovery and rehab their Dr said to return to work,but my foot ended up worse than before I had the surgery. so I went back to work for six months and finally couldn't do it anymore. I went to a new Dr who took me off work again,and my workers comp started again immediately.He says the Dr who did the surgery caused some nerve damage and aligned the foot wrong.then work sent me to a ime thee times,every time he had a different diagnosis but wanted to fuse the ankle,not what my Dr wants to do,my Dr said that is only a last resort and not to do that. so a year and half has went by with nothing happening! and after seeing the ime a few weeks ago he says there are problems with the foot, but says return to work. a few days later I saw my Dr who says no way I can return and gave me a note saying that. but I guess because work has that report from the ime saying to return my Dr means nothing.

[BeachGirl]

Mano,when workers comp decided I needed surgery I went and had the surgery with their Doctor,after one year of recovery and rehab their Dr said to return to work,but my foot ended up worse than before I had the surgery. so I went back to work for six months and finally couldn't do it anymore. I went to a new Dr who took me off work again,and my workers comp started again immediately.He says the Dr who did the surgery caused some nerve damage and aligned the foot wrong.then work sent me to a ime thee times,every time he had a different diagnosis but wanted to fuse the ankle,not what my Dr wants to do,my Dr said that is only a last resort and not to do that. so a year and half has went by with nothing happening! and after seeing the ime a few weeks ago he says there are problems with the foot, but says return to work. a few days later I saw my Dr who says no way I can return and gave me a note saying that. but I guess because work has that report from the ime saying to return my Dr means nothing.

The IC can take the IME's evaluation and ignor your Dr's UNLESS an arbitrator rules otherwise. In Illinois the IW's Dr is usually given more weight by the arbitrators so in the end your Dr's orders "might* be the one you are allowed to follow.

I do see a red flag for you though. You say nothing has been done in 1.5 years? That's a heck of a long time for TTD to be paid out without treatment or change in condition. The IC's attorneys could certainly challenge your Dr's lack of treatment and try and force the fusing of the ankle or insist the case is settled if you refuse the treatment (fusing of the ankle).

IMHO you are in a touchy situation. If you RTW without restrictions to protect your ankle you are at risk for further injury. If you don't RTW then you are in violation and your TTD and medical will probably be cut off and you could be terminated if not protected mby FMLA. Either way I see a 19b hearing in your future.

beachgirl

[mad]

It was a bad bad day today,I made it a full 8 hours but had to tell them I just cant do it. so I'll go see my Dr tomorrow to get checked out. I have no idea what is going to happen but I hope it works out.

[BeachGirl]

Make sure your Dr states clearly in his orders you can not work at all. Make sure your attorney knows what is happening and is ready to file for a 19b hearing stat.

Good Luck
beachgirl

[mad]

Beachgirl thats exactly what I did this morning,I went and got examined by the Dr and they said I'm too messed up to work,and gave a note to be off work again. My lawyer thinks he's pretty sure they will start the comp back up.