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  1. #1
    Join Date
    Aug 2011
    Posts
    22

    Default Does 'No Permanent Disabilty't Equate to 'No Permanent Restrictrions'

    My workers compensation claim was made in the State of: CA
    I am awaiting an appeal to the WCAB, but I want to Return to my former position in the interim for financial reasons. The IC sent me a notice based on THEIR interpretation of the QME examiners report, that says I have "no permanenet disabilty and no need for further medical treatment". Prior to this notice my employer had wanted to engage in the interactive process to see if they could accomadate my permanent restrictions previously sent to them. My questions is does this notice (at least temporarily) over-ride the previous permanent restrictions noted on the QME report? I am to meet w/ HR in the next couple of days to discuss accomadations and I understand that I should be allowed to resume full duties at least until it is resolved by the WCAB.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: If Ic Says No Permanent Disabilty Does That Equate to No Permanent Restrictrions

    The IC/CA does not make medical decisions...your PTP and/or PQME do that.
    CA cannot change your premanent restrictions.
    If they disagree with the PQME report, you go to MSC...or the DA can depose a QME... numerous actions can happen.

    That does not change your ER obligation to address a valid offer of work, within 60 days of your being declared MMI. You can go back to work any time... as long as the basic job functions are within your restrictions.

  3. #3
    Join Date
    Aug 2011
    Posts
    22

    Default Re: If IC Says No Permanent Disabilty Does That Equate to No Permanent Restrictrions

    Thanks BVia- So what is your opinion on the best way to proceed with my ER? I saw the supplemental report from the QME & it did NOT clarify the restrictions the way my ER was asking, so from a med/legal standpoint is my ER obligated to await the WCAB process BEFORE beginning the interactive process, as they claim they do not know HOW to accomadate me because the restrictions are very vague, although we waited for 4 months for the supp report.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: If IC Says No Permanent Disabilty Does That Equate to No Permanent Restrictrions

    WCAB has nothing to do with medical determinations on restrictions...that's why you have a PTP, and/or PQME....if the restrictions are not clear, it would be nearly impossible to do a final PD/WPI rating.
    The PQME can issue a supplemental report, or be deposed.

    Regardless of the report, you are MMI, at the very least, your PTP final report can be used to determine permanent restrictions.

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