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  1. #1
    Join Date
    Aug 2007
    Posts
    374

    Default What Does 'Sit and Stand at Will' Mean

    Tomorrow I must go to work and fight about the meaning of "sit and stand at will." I can understand if it is light office work, but not a major freight company where the freight is heavy and comes fast. So, I had this fight a few weeks ago when the manager wanted me to clean the entire building, inside and out on sedentary duty.

    I am no better than I was when he put me on sedentary and the burning at the back of my right leg, has come back on both legs.
    The doctor did not want to discuss anything today
    about my case, and I told him I was being treated like a second class citizen. His face turned red, and we talked a few sentances more, not very friendly either. He stuck me on "sit and stand at will." I don't think I will be able to sit in the chair since it feels like someone has squirted lighter fluid down my legs and set them on fire.

    When I go to work, and my legs burn, what do you do? I thought about just laying down, but I know that the manager will lose it if I do that. But it hurts so bad to just sit. It hurts if I lay down too, and have trouble sleeping at night.

    The manager there seems to think it means stand at his will. The paper also says that I cannot bend stoop, squat, climb, stand for short periods of time. Not to push more than 10-15 lbs. But I definitely cannot do this with the way my legs burn. My legs are now burning worse than my ankle hurts, it now over-rides it. Why couldn't the doctor have listened to what I had to say.

    His nurse finally called one of the other doctors I saw before, and told this jerk of a doctor that I had not asked for medication and that I was needing help because I did have a problem with my back. I am so thankful for that doctor.

    So, does sit and stand at will, meant as the employers will or mine? What happnens if I tell them I cannot clean the building like they want me to.
    I guess fire me or send me home with no pay. If I go home with no pay, then it is unexcused and counts against me.

    Also, the other doctor sent me home with an excuse for three days because my legs burned, but WC said that they will only follow what the orthopedic doctors orders of sedentary. They are saying they will not pay me for the three days off, even though they told me to go to this Gen. Prac. between visits of the ortho doc that would not see me Mon.
    The old saying, "What doesn't kill you, will make you stronger," must of had a very very large trust fund and didn't have to work for a living.
    Lue

  2. #2
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Sit and Stand at will?

    Lue, it means at YOUR WILL not the ER;s dictation. My friend it is time for you to LAWYER UP! Enough screwing around with these IDIOTS already. Get it done and do it SOON.

    Good Luc and Take Care

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  3. #3
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Sit and Stand at will?

    These jerk employers want to construe medical restrictions however they see fit. They want to read part of them, stop, and make you do work that you can't do.

    With the limitations that your doctor has placed you on, you should not be doing any work beyond simple office type work (answering phone, front desk/visitor check in, etc.) that doesn't require you to do any of those things (lifting, stooping, bending, etc.) and allows you to sit/stand as you need.

    The sit/stand at will really means that YOU have to have the ability to alternate between sitting and standing to do your work. If your company cannot provide you with work within the doctor's restrictions, then you need to be off work, collecting Temporary Total Disability benefits.

    As most regulars around here know by now, I am a lawyer, and I almost always recommend that injured workers with all but the simplest of cases retain an attorney to represent them.

    Workers' comp injuries significantly impact your life, finances, work, health, and future. My theory is that you get professional help from a doctor/therapist for the health related issues. Why would you not want an expert in the area to advise you and advocate your position from the legal side.

    Too many times, too many employees leave money sitting on the table that they could have gotten, but were too afraid or too tight to retain an attorney.

    Lue, in your case, it sounds like with the problems you are having, a legal consult would be a very good idea.

    Good luck.

  4. #4
    Join Date
    Aug 2007
    Posts
    374

    Thumbs up Re: Sit and Stand at will?

    Steel and JLJ, The IC OKed the MRI today since they found out I did not lie about my back. I don't feel it will accomplish anything since the present doctor says my foot is OK. It is so crazy since this doctor has not seen my foot resting on the floor. It appears that my arch is falling and the bone below my inside ankle bone, protrudes much further out than the ankle bone. Looks like a walnut in my foot. This feels like a bad dream!
    I have been talking to a lady that I know very well that works for a lawyer. She said that she needed the doctors papers from the doctors that I have gone to see.
    Here is where I need more advice.
    Should I just go ahead and retain the lawyer for right now, but keep him up to date by givng him copies of daily records, and tell him to hang tight until they stall completely.
    They called today from the Dr's office to tell me that IC OKed the MRI and will get an appointment set up and call and let me know Monday after they work it out.
    The Union representive said to find a lawyer that will wait until the treatment from IC comes to a standstill and then turn the dogs out.
    I know I will need an MRI even if I go to another doctor.
    JLJ and Steel, what is your advice here? I sure do appreciate both of you!
    Thank you so much.
    Lue

  5. #5
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Sit and Stand at will?

    Lue glad they decided to let you have the MRI. Now lets hope it shows the doc what is going on with your foot. Lets further hope that he will do what ever needs done to restore your foot to proper function.

    Lue from past posts some of the things you have described that your employers have pulled on you it would probably be a very good idea for you to go ahead and get an attorney. Obviously if you are receiving all the benefits you are due there won't be much for him/her to do right now. But, as you put it when the times comes, (and from some of the things you have told me your employers have done it is only a matter of time), then he/she can set the whole darn pack of mutts loose on them. Just make sure you choose an attorney wisely.

    Get some sort of assurance that when you need him/her that he/she will be available to you. You know the drill, NO TV advertisers, Certified as Specializing in WC law. Someone that you won't shy away from spelling out all the details of your case to.

    Where you don't have to rush to find one this is in your favor. It will give you plenty of time to contemplate which one to contract with. If you don't already have someone in mind you will probably want to interview with several. Consult with as many as you have time to before you make a choice. You should be fine.

    Take Care,

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  6. #6
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Sit and Stand at will?

    As far as when to hire a lawyer, I'd always suggest that the earlier, the better. I'd want to have that resource on your side for as long as you need him/her while you're going through the recovery from injury.

    What you don't have to have the lawyer do is send a letter of representation to the IC or your employer, to let THEM know that you have an attorney. Of course, you can do this if you want, but if you want to try to keep milking cooperation, you can have the lawyer wait until later to let them know he's there.

    Of course, you'll need to keep him/her updated on the medical records, and things that are going on at your job. The experienced WC lawyer is a great benefit to the IW. Instead of having to hope to get info online thru a board like this, you can get someone who will specifically deal with just your case, just your facts.

    Again, best wishes for a speedy recovery. If I can ever be of service to you, please let me know.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Sit and Stand at will?

    Hey Lue here are a few "good read" links that may help you get a better feel for where you stand with your case and when it may or may not be necessary to seek legal counsel.

    http://www.workerscompensation.com/r...ee&category=EE

    http://www.workerscompensation.com/r...ee&category=EE

    http://www.workerscompensation.com/r...ee&category=EE

    http://www.workerscompensation.com/r...ee&category=EE

    Be well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  8. #8
    Join Date
    Aug 2007
    Posts
    374

    Default Re: Sit and Stand at will?

    Thanks JLJ and Steel.
    Monday I will go to my first PT if they don't cancel it like they have since June, and set up an appointment with this lawyer. Monday I will start the process.

    JLJ, what should I expect to pay for the retainer fee? I am very green on legal services.

    If the lawyer sends in a request for my medical papers, then is the IC and company notified of legal signals from the patient? Or do you still suggest I ask for all the papers they need to keep a low profile for right now?

    The doctors should treat injured people the same. If I walked in with my health insurance card, they would have X-rayed me from head to toe and MRI'ed my whole body and any other test they could so to receive money. I would probably get to spend the day with the whole staff.
    Come in on Worker's Comp/lowest form-of-life, level, then they take all the shortcuts. Just a look here and there, a couple of X-rays and your good to go. If I had not told the doctor that he was treating me like a second class citizen, he would have walked out, then it would have stopped there. He did turn around with a very red face and sent his people in to deal with me. I guess he is so used to being god, that he doesn't like someone calling him on his lack of intrest and treatment. He did not return to the room. I was told he was a good doctor, but was not told how distracted he becomes by the depth of a patient's pockets.

    I have kept up with each day that something eventful happened or was said. I need to get it typed out so it can be read by anyone.

    His assistant said that the first 20 papers for worker's comp records in Tennessee, they can only charge $10.00. Then 25 cents per page after that.

    Now to get aimed in the right direction.
    Thanks!
    Lue

  9. #9
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Sit and Stand at will?

    The whole business on keeping a low profile really isn't a huge concern (or shouldn't be). It's really a question of how much of a burr in the saddle of the IC/employer you want to be...

    As far as a retainer is concerned, you should not have to pay a retainer to hire the services of a WC attorney. As an employee's attorney in a WC case, I get paid only if I secure money for you. Then, I receive a fee of 20% of the amount I secure. You shouldn't have to pay anything up front to hire a WC lawyer, because you're not paying by the hour.

    You are entitled to copies of your own medical records. The info on the amount they can charge for them is correct.

  10. #10
    Join Date
    Aug 2007
    Posts
    374

    Default Re: What Does 'Sit and Stand at Will' Mean

    JLJ, Since I have become a WC refugee, I would love to be a porcupine under the saddle. After I talk to the lawyer, I will know a little more about this case like you said. Still, you have helped me stay calm. I will keep you informed on how things go.
    Lue

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