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  1. #1
    Join Date
    Jan 2012
    Posts
    13

    Default Employer Can't Accommodate Work Restrictions

    My workers compensation claim was made in the State of: California

    Hello, I'm not sure what to expect. I was told I could go back to work with restrictions by my PTP. I then had to set up some mandatory meeting with my employeer. In the meeting they told me they could not accommodate those restrictions. I started receiving PPD but wasn't sure why or what the process was. I got an attorney who started handling my case and he told me I was suppose to return to my PTP to tell him they couldn't accommodate my restrictions. The PTP put down in the remarks that if I couldn't be accommodated that I should be put back on TTD.

    My attorney said that I would be retro paid from the date the meeting took place. He said I should receive a check in a few days unless I was released to work which I believe is MMI. I'm looking at the dr. Status report and MMI is still blank. Should I have been taken off TTD in the first place?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    Quote Quoting Patrickdpres View Post
    My workers compensation claim was made in the State of: California

    Hello, I'm not sure what to expect. I was told I could go back to work with restrictions by my PTP. I then had to set up some mandatory meeting with my employeer. In the meeting they told me they could not accommodate those restrictions. I started receiving PPD but wasn't sure why or what the process was. I got an attorney who started handling my case and he told me I was suppose to return to my PTP to tell him they couldn't accommodate my restrictions. The PTP put down in the remarks that if I couldn't be accommodated that I should be put back on TTD.

    My attorney said that I would be retro paid from the date the meeting took place. He said I should receive a check in a few days unless I was released to work which I believe is MMI. I'm looking at the dr. Status report and MMI is still blank. Should I have been taken off TTD in the first place?
    Only if the carrier could have known ahead of time that the employer would not have modified work.
    Last edited by .SH; 07-01-2012 at 07:56 PM.

  3. #3
    Join Date
    Jan 2012
    Posts
    13

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    It sounds like that's the case seeing as the ER told me they told the carrier they couldn't accommodate those restrictions. My attorney said the carrier is in violation and I would be retro paid with a 10% fine. This was 4 days ago and he said if I don't see a check by Monday morning to call in and we would either find out why they won't pay me or we will file for a court date. I'm really nervous because I'm behind on bills. I'm looking for a sense of clarity here. I clearly see I'm not at MMI and the doctor wrote down if I can't be accommodated then I should be put back on TTD.

  4. #4
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    Sounds like you have a good lawyer. There is a 2000.00 advance that IWs here post about from time to time. Ask your lawyer to get it for you so you can catch up on your bills.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    Quote Quoting Patrickdpres View Post
    It sounds like that's the case seeing as the ER told me they told the carrier they couldn't accommodate those restrictions. My attorney said the carrier is in violation and I would be retro paid with a 10% fine. This was 4 days ago and he said if I don't see a check by Monday morning to call in and we would either find out why they won't pay me or we will file for a court date. I'm really nervous because I'm behind on bills. I'm looking for a sense of clarity here. I clearly see I'm not at MMI and the doctor wrote down if I can't be accommodated then I should be put back on TTD.
    Sounds like your atty is pretty clear, and on point.
    Your ER is not required to provide modified duty, that is TPD/Temp Partial Disabled...as you have restrictions, though they may not be permanent.

    Leslie... there is NO provision in Calif WC for any advance to be made by the ER/IC.

  6. #6
    Join Date
    Jan 2012
    Posts
    13

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    I've gone through hell in the last year. I don't know if you remember bvia but I started this injury with a rotten ER who took a week to send me to the doctors, who treated me poorly told me I was a wimp in his own words and he kept delaying my PTP referrals for a MRI and to see a specialist. I finally realized they were trying to avoid wc so I file for it and now it's them and there bs that I have to deal with. It's really upsetting knowing both my ER and insurance company won't bat an eye when this is all done when it affects my life and has put me into a real bad state of depression. I used to have friends but I someho lost them all. I used to be athletic and healthy. Now I have to talk myself out of just leaving... Leaving to god knows were but I just want to run away.

  7. #7
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    350

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    Patrickdpres, I am sorry to hear about your athleticism being set aside but eventually you can use that experience in your rehabilitation, now you need to heal. I myself miss horseback riding and bike riding and dancing and I have depression too. You would make new friends if you could take a class or two at community college and start thinking about a new career within any permanent restrictions. Your doctor needs to address the depression. Depression arising from wc injuries should be covered by wc.
    Keep us updated on your progress and hang in there.

  8. #8
    Join Date
    May 2010
    Posts
    408

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    As far as that 10% penalty, I would not count on ever seeing it paid. THey will fix you missed pay, but the 10% won't happen bank on it!

  9. #9
    Join Date
    Jan 2012
    Posts
    13

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    Thanks for the posts. I could care less about the 10%. I just want to know if I'm going to be paid. Its not like I can get a job right now and rents due. I didn't recieve the check so I called my attorney and they said they'll give the Ic until tomorrow to reply. I hope to never go through this again.

    - - - Updated - - -

    I'm really nervous because I've been scanning these posts and I came across information about refusing rtw programs. The meeting I had with my ER (which I still don't know why i had it, reading through these posts tells me the meeting I had sounds like one you have when your released with an MMI) worries me because he told me about some program for rtw that they will offer me. I told them it sounds good but that I could barely walk without pain. I hope after reading these posts that I didn't refuse the rtw program in their eyes. It seems like I was released without any idea and we skipped my healing process and are now going through ppd and in their eyes a refusal to do the rtw program. My attorney set me up to see another ortho on July 6th because we believe the ortho I'm seeing now doesn't have my best interests in mind. He's nice and did write down in his notes that if my work couldn't accommodate me I'd be put back on to TTD/no work but is that void if in their eyes I refused the rtw program?

  10. #10
    Join Date
    May 2010
    Posts
    408

    Default Re: No Mmi, Given Work Restrictions and Employeer Can't Accom

    THey might try to say that, but it seems very clear your doctor has not said that you are MMI, so relax, your attorney will get it all straightened out. Not to mention if you have an attorney of record they are legally supposed to go through him with any issues in the claim, such as denying return to work.Only your doctor can place you at MMI and he has never done that so you have little to worry about. In my experience IC use every trick they can to bother the injured worker and mainly that is pay. Talk to your landlord explain what is happening, that rent might be a little late but it is coming and you will continue to be a good resident in the future. You won't be kicked out for being late a few weeks, unfortuanately you might have to pay late payments, but if you let them know what is going on they will probably slide on this, or you can just pay them what you owe them for rent and refuse to pay the late payment. They would have to take you to court for a penalty for late payment and in most states the process to evict requires a lot of time, money, and future lost money. I seriously doubt a judge would award them a 10% late payment if you had proof that you paid them regularly on time and informed them of the situation, even though you have a signed contract, they judge would probably tell them to forget about it.

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