Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    416

    Default To Quit... Or Not To Quit?

    I worked at my job 10 yrs previous to being injured 11/05 and have been involved with the work comp system since.

    I've had surgery on both knees and now need a knee replacement; treating dr says work comp is not responsible due to pre-existing condition.
    I also have back injures which work comp never addressed, (my attorney is working on including my back in wc)

    The treating dr recently released me with no restrictions on my left knee; I have restrictions on my right knee not related to work comp.

    When the dr released me with no restrictions, I was told by my attorney, see if your job has any work for you.

    I work as an Early Childhood Teacher in a child care center.
    I had a meeting with my supervisor yesterday to view job requirements.
    The requirements are everything I can not do, bending, lifting, and kneeling.
    According to accreditation teachers must be able to lift up to 100lbs.
    In the past work refused to accommodate me any way.

    My supervisor gave me two health assessment forms to be completed by my dry and return to work.

    Yesterday I called my attorney and asked him, "Should I Quit?" He asked me why would I want to quit. My response was, "Because I know I can't do the job"
    He told me we need them to tell you that.

    My question is why do they (work) need to tell me I can

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: To quit..or not to quit?

    I imagine that if you voluntarily withdraw yourself from you employment and similar carreer opportunities it relieves the employer of their obligation to accommodate your disabilities.

  3. #3
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    924

    Exclamation Re: To quit..or not to quit?

    Hi Lynn, I know it sounds like a game to have to go through all the interviews and such until they tell you that you can't do the job, but your attorney has a good reason for doing this. If you quit, you are leaving yourself open to possibly losing any benefits you have, while on the other hand if they tell you that you can't perform the job, your benefits continue. Possibly at that point you may be eligible for some type of Voc. Rehab. to help you find a job within your restrictions. This w/c system is brutal, but hang in there and maybe with the help of your attorney you will be able to get the care you need and be able to move on with your life! Best of Luck!!

  4. #4
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: To quit..or not to quit?

    .SH hit the nail on the head. Your employer must engage in the "interactive process" in order to determine if and how they can reasonably accomodate you.While you may be unable to perform your current job, given the work restrictions, your employer needs to determine if there are ANY OTHER jobs that you would be able to perform within their company.

    The "interactive process" include YOU, not just your employer telling you that they have NO job for you, based on THEIR "perception" of your "disability" or "impairment". If there are INDEED other jobs that you could perform within your restrictions, and even if it may require a "reasonable accomodation", your employer has a legal obligation to at least explore that possibility with you, and if appropriate, to offer you that alternate job position.

    If your employer FAILS to do so, and just summarily keeps saying "No, you are unable to perform that job", then that is violating FEHA/ADA laws.

    Your attorney is "one step ahead" of the game.

  5. #5
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    416

    Default Re: To quit..or not to quit?

    Thank you everyone for the information you have provided.

    The following information is related to my job situation and it may or may not make a difference in the games that are being played.

    After my first surgery while on restrictions my job accomodated me by working me in another position for working 2-4 hours a day.

    After my second surgery my job sent me a letter saying they accomodated after my previous surgery, and at the present time they are unable to accomodate me.

    My first wc surgery I did not have an attorney, I hired an attorney previous to my second surgery.

    Lynn

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: To quit..or not to quit?

    Whether you had a lawyer or not after which surgery has nothing to do with your problem. You should not quit because if you do, your employer and its carrier will claim they "could" have accommodated your limitations if you had not quit, and they will try to screw you out of your benefits that way. I see that happen all the time here in NC. Please listen to your attorney.

    And your doc may yet be able to help you---on the "unrelated" knee, did your injury accelerate or aggravate your underlying condition? Ask your lawyer if the disability to your knee would be covered by comp in that event. The doc may be willing to give that opinion.

    Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  7. #7
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    416

    Default Re: To quit..or not to quit?

    Thank you for your response,

    Work e-mailed me late Friday, requested more information on restrictions of left knee (one that needs replacement)

    I have a letter from work in which reads, they are unable to accomodate my needs, dated 12/06.

    I have asked my treating wc dr if my unleated knee was aggravted or accelerated ny my condition, he says no.

    The judge sent me to a dr in Kansas City for an independent eval dr reprt reads:

    Severe preexisting osteoarthiris of knee with ossociated genu valgum. This condition was exacerbated by her work place injury of 11/05.

    The first IME I had reads: need for knee replacement was a direct result of work place injury.

  8. #8
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: To quit..or not to quit?

    Lnynn, If your right knee, the one that needs repacement, has caused you to ALTER your gait (the way you walk), in order to "compensate", there WILL be additional stress placed on you you LEFT knee (the preciously NON-effected knee).. There is AMPLE scientific evidence to support this.

    Your Primary Treating Physician is WRONG-- he should be provided the SCIENIFIC MEDICAL EVIDENCE to review to "consider and apply" as it pertains to your specific case. Thus, you and your attorney may be able to "turn him around", and SOLIDLY opine that indeed, your NON-effected leg has had to "bear the brunt" , thus causing INCREAWED SYMPTOMS.

    This concept is known as a "compensable consequence". Your attorney should be very familiar with this concept. So should your PTP...

    Your attorney need to "educate" your PTP with this..then have your PTP render a medica-legal report that addresses this issue, so that you can get your "non-effected" knee accepted andt TREATED.

    While you may have a "pre-existing" concerning your "non-effected" left knee, the fact that the DOCUMENTED problem with your RIGHT knee, is a contributing factor to the INCREASING problems that you NOW have with your LEFT knee--as a direct result of "compensating", and relying on your left knee MORE, for stability when walking, going up and down stairs, negotiating uneven surfaces etc.

    When it ULTIMATELY comes to the point in your case where your Permanent Disabilty rating needs to be determined, the Doctors will consider how much your "pre-existing non-industrial related factors" have CONTRIBUTED to your overall disabilty. This is called "apportionment" to a pre-existing, NON work-related condition/factor.

    However, it does NOT relieve your Work Comp carrier for providing any treatment that is REQUIRED to treat the effects that your WC-related injury that has "aggravated" your LEFT knee.

    You need to talk with your WC attorney in greater depth concerning this. And, your attorney should be "educating" your PTP about this concept as well, and STRONGLY asserting this issue with the Insurance Company Doctors.

  9. #9
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: To quit..or not to quit?

    Lnynn, If your right knee, the one that needs repacement, has caused you to ALTER your gait (the way you walk), in order to "compensate", there WILL be additional stress placed on you you LEFT knee (the preciously NON-effected knee).. There is AMPLE scientific evidence to support this.

    Your Primary Treating Physician is WRONG-- he should be provided the SCIENIFIC MEDICAL EVIDENCE to review to "consider and apply" as it pertains to your specific case. Thus, you and your attorney may be able to "turn him around", and SOLIDLY opine that indeed, your NON-effected leg has had to "bear the brunt" , thus causing INCREAWED SYMPTOMS.

    This concept is known as a "compensable consequence". Your attorney should be very familiar with this concept. So should your PTP...

    Your attorney need to "educate" your PTP with this..then have your PTP render a medica-legal report that addresses this issue, so that you can get your "non-effected" knee accepted andt TREATED.

    While you may have a "pre-existing" concerning your "non-effected" left knee, the fact that the DOCUMENTED problem with your RIGHT knee, is a contributing factor to the INCREASING problems that you NOW have with your LEFT knee--as a direct result of "compensating", and relying on your left knee MORE, for stability when walking, going up and down stairs, negotiating uneven surfaces etc.

    When it ULTIMATELY comes to the point in your case where your Permanent Disabilty rating needs to be determined, the Doctors will consider how much your "pre-existing non-industrial related factors" have CONTRIBUTED to your overall disabilty. This is called "apportionment" to a pre-existing, NON work-related condition/factor.

    However, it does NOT relieve your Work Comp carrier for providing any treatment that is REQUIRED to treat the effects that your WC-related injury that has "aggravated" your LEFT knee.

    You need to talk with your WC attorney in greater depth concerning this. And, your attorney should be "educating" your PTP about this concept as well, and STRONGLY asserting this issue with the Insurance Company Doctors.

  10. #10
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    416

    Default Re: To quit..or not to quit?

    My left knee (bad knee) is the one that needs replaced now.. The left knee had acute meniscus tears and surgery was preformed on the this knee, 3/06. MRI showed I had so much fluid built-up in the joint; it was coming out the back side of the knee.

    My right knee, (good knee) I had surgery on two 2/07 and been released from dr with no restrictions.

    My right knee, (good knee) was a result of overuse of the knee. I had three things wrong with this knee, small later meniscus tear, pica section of the meniscus, (meniscus under the knee cap had folded and was caught in the grove of the knee cap causing the knee to lockup), and chrondomalesia.

    Told on the right knee, (good knee) it looks good after surgery, although in the future, (years) I will also knee a knee replacement of this knee.
    Treating physician, he is the dr that says wc is not responsible for replacement of left knee.

    Problem is my health insurance refuses to pay for treatment on either knee.

Similar Threads

  1. Can I Quit After MMI
    By Colodogs in forum Employment
    Replies: 2
    Last Post: 08-23-2009, 04:15 PM
  2. Terminated or Did I Quit
    By dexter65 in forum California
    Replies: 13
    Last Post: 06-03-2009, 04:58 AM
  3. Can You Quit?
    By madis*mom in forum Texas
    Replies: 2
    Last Post: 04-15-2009, 07:48 AM
  4. Can they just quit?
    By stevedell in forum Moral, Emotional and Spiritual Support
    Replies: 3
    Last Post: 07-28-2006, 02:03 AM
  5. Can I Quit?
    By scared in forum Georgia
    Replies: 0
    Last Post: 04-20-2006, 08:10 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer