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  1. #1
    Join Date
    Aug 2007

    Default Being Sent Back To Work

    I went to the doctor on July 31. At this time he stated I was to remain off work until my next appointment of September 11. I recieved a call from my workman's comp case worker and my HR that as of August 6, I was released to work with heavy restrictions. I was wondering if anyone else had this happen and if they think it was from pressure put on the doctor by workman's comp? By the way, my workplace does not have a 'light duty' program. Any ideas????? Thanks.

  2. #2
    Join Date
    Mar 2007

    Default Re: Being sent back to work...

    gimpedracer, If I were you I would be calling the doctors office to confirm this. Not that it makes any difference because where your HR people told you they can not accommodate your "heavy restrictions" you will continue be paid at the current TTD rate through the IC. Is the reference to HR from your work? This "light duty release" only becomes a problem if the employer can accommodate your restrictions, and you refuse to at least attempt to work in that capacity.

    When/if you call your doctor if they say your were not released with restrictions I would be finding out where the IC is coming off with the idea that you are. If the doc actually released you and didn't bother telling you I would be making an appointment and having a face to face chat with the doc. IF he actually released you he has an obligation to make you the first one to know. It should be in the way of a written release with any work restrictions clearly spelled out on it.

    If by chance you don't already have an attorney, NOW is certainly a good time to do so. I suspect you aren't represented due to the IC contacting you. When you are represented the IC is NOT supposed to contact you directly. All communication is required to go through your attorney. You can get a consult free of charge with most WC attorneys. What ever you do, DO NOT, call one of those cheesy 800 lawyers on TV. Get personal referrals from family or friends or call your state bar or other lawyer referral service. There is a referral service listed on your web site for Indiana WC.

    See the worker handbook for all rules pertaining to Indiana WC. The more you know about what is and isn't legal where WC is concerned the better of you will be.

    The bottom line my dear, if it were me, I would insist on knowing what happened between the time you seen that doctor on July 31 (when he told you no work until rechecked Sept. 11 ) and seven days later sight unsee he supposedly released you. That smells I don't care how you slice it. Not to mention a doctor can not change those orders with you being examined by him. It just doesn't work that way.

    Take care,

    Last edited by SteelMagnolia; 08-08-2007 at 08:39 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln

    Take Care and Be Well.

  3. #3
    Join Date
    Oct 2006

    Default Re: Being sent back to work...

    Being released to a non-existant job is same as not being released at all. Send the carrier/employer a notice that until they notify you that they have a job that meets your medical restrictions you expect disability payments to continue.

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