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  1. #1
    Join Date
    Oct 2009
    Posts
    36

    Default What Do I Have to Do Before Return to Work

    My workers compensation claim was made in the State of: CALIFORNIA I got injure almost 2years ago i had two knees surgerys and i need it back surgery but i have change my mind to leave with out back surgery my question is what do i have to do what is the process i am a master auto mechanic for a high end car dealer ship in calif. i talk to my boss he told me come back to work but i dont know how much he knwos about my desability do i have to get a fce test and how do i request it please advise me i have to see my ptp in two weeks im still not mmi by my doctor yet because i was going for spine surgery but im afraid and i have change my mind not to get it thankyou

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What Do I Have to Do Before Rtw

    You can go back to work anytime.
    You need a release from your PTP, including any permenant restrictions you may have. You cannot go back to work outside those restrictions, if that includes your preinjury job duties, you could jeapordize your claim. Doing the same job function you claim you cannot do due to your injury waves a big red flag in front of the ER/IC.

    do i have to get a fce test and how do i request it
    FCE test is not mandatory. Your PTP would request that. FCE is used in determining your restrictions, possibly a tool used by your PTP in formulating your final PD/WPI rating.

    When you deny treatment, your TTD is going to stop. When your PTP recommends spine surgery and you refuse, which is your right, you are saying "I'm happy living with my condition".... you go find work within those restrictions.
    Medical care remains an option...you have 5 years from your orginial DOI to reopen the claim.

    Hasn't this issue been posted and discussed before ?
    Have you consulted with an attorney ?

  3. #3
    Join Date
    Oct 2009
    Posts
    36

    Default Re: What Do I Have to Do Before Rtw

    THANKS BVIA FOR REPLYING . I JUST CONFUSED sorry bvia

  4. #4
    Join Date
    Oct 1971
    Posts
    3,512

    Default Re: What Do I Have to Do Before Rtw

    Bvia
    When you deny treatment, your TTD is going to stop.
    Actually the word is "refuse" treatment, a big difference than denying, that's what the IC does.

    When your PTP recommends spine surgery and you refuse, which is your right, you are saying "I'm happy living with my condition".... you go find work within those restrictions.
    Is that right, do you have a source for that info or is that just another one of your biased opinions?

    Under most states workers' compensation laws you have to follow all reasonable medical care, except that you can't be forced to have surgery.
    So if you refuse physical therapy your benefits can be cut off, but no one can make you get cut open.
    Choosing to have surgery or not is a personal choice that should be made between you, your loved ones and your doctor.
    You lose no rights, including wage loss or vocational rehabilitation, by not having a surgery.

    Here is one case where the court has allowed the commission to award a 60% PPD rating to a claimant who refused surgery.
    http://books.google.com/books?id=Kxq...epage&q&f=true


    Hasn't this issue been posted and discussed before ?
    Yes several times and not just in this forum, it another one of your signature statements. (or attacks, depending how you look at it)
    That statement is a bordering on the line of a personal attack, it's insinuating someone is refusing surgery to extend benefits.
    I've asked you in the past not to post that garbage, here we are again,

    Tony
    Last edited by tony; 02-01-2011 at 04:41 AM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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

    Default Re: What Do I Have to Do Before Rtw

    Here is one case where the court has allowed the commission to award a 60% PPD rating to a claimant who refused surgery.
    http://books.google.com/books?id=Kxq...epage&q&f=true
    Colorado case law doesn't apply to Calif WC.
    I never said the IW wouldn 't be rated... that's what happens at MMI, rating and indemnity benefits begin.
    Refuse/deny... IW is still saying, "I don't want to move forward with treatment. I'll accept the condition I'm in, and seek treatment within my restrictions". That does not mean additional treatment is not provided.
    You lose no rights, including wage loss or vocational rehabilitation, by not having a surgery.
    TTD/wage replacement does stop. There may be additional benefits avaialbe. IE. SJDV for retraining services. The claim moves toward resolution.
    Under most states workers' compensation laws you have to follow all reasonable medical care, except that you can't be forced to have surgery.
    So if you refuse physical therapy your benefits can be cut off, but no one can make you get cut open.
    Right. IW are expected to follow the recommendations of the treating physician. Whether it's surgery, or PT to "cure or relieve from the effects of the injury", the IW is expected to participate. When the IW refuses treatment, in Calif, they are automatically MMI, rated for PD/WPI, and indemnity benefits begin.


    Hasn't this issue been posted and discussed before ? ...no personal attack ...LAPILA16, has asked the question before, as well as in a private message. The response is the same, discussion with the treating physician, and attorney is appropriate. Find out what if/any restrictions may be, and go to the employer to engage in the interactive process, as required by statute AB2222.

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