Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2009
    Location
    AZ
    Posts
    9

    Default Should I Appeal the Ime's Light Duty

    Hello

    IME sees me for 10 minutes-my treating doctor sees me for 4 months, states I need anterior back surgery (cages)-I am in pain 90% of the time. I am on percocet 24/7 spoke with my doctor he wants me on them since the pain is so bad. I start spine shots Monday though he not sure they will help me but we are giving it a try.

    Yet the IME says light duty, my employer has offered me a position as a general clerk doing spreadsheets/accounts payable, computer and phone work I don't have a clue about this type of work (school bus driver) but they will train me.

    I sleep from my meds and still in lots of pain, can't even walk normal or sit normal so how the heck do I do this-I am so upset and nervous to make a fool out of myself. But this is what they say is light duty-So what happens when I fall asleep and cannot sit for longer then 10 minutes stand no more then 5 minutes and need to lay flat down. No place for me to lay-except for floor. I cry all the time and I am so stressed over all this I just want to crawl in a hole and die..

    I don't have a lawyer-I just want surgery so I can continue on with my life-
    Should I file an appeal with WC about the light duty? My doc will back me up-also do you think I should get another opinion on my own-will it help at the hearing?

    Also while waiting for an answer about the hearing do you know if I will still receive my monthly checks from the IC if not working. So far they have been paying the bills and sending me my wages-but still have not approved the surgery-I was hurt 4 months ago.

    Longwinded I am sorry--Thanks for any help
    Last edited by Kisa; 08-14-2009 at 10:55 AM.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Should I Appeal the Ime's Light Duty

    What restrictions does the treating doc have you on?
    All you have to do is make an attempt, if you go to work and fall asleep or are in too much pain-inform your boss and go home.
    I would say now is the time to talk to a lawyer, it costs you nothing out of pocket, they get paid a percentage when your case settles.
    For the record and to protect your rights, make an attempt, there's no law saying that you have to succeed.
    Take Care
    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Aug 2009
    Location
    AZ
    Posts
    9

    Default Re: Should I Appeal the Ime's Light Duty

    Hi-treating doctor an ortho surgeon says-no work due to pain and being on meds. Wants me to lose some weight and prepare for surgery..
    So yes i will go try light duty but again if I cant do it-Should i file an appeal??
    Thanks for your response it's wonderful to know I have some place to ask for support.
    used to GOLFALOTS

  4. #4
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Should I Appeal the Ime's Light Duty

    Go with what the treating doc says, if you want to try, it would protect your rights and make life easier but I would say it's not mandatory.
    As long as you have a write up that says no work, you should be fine, be sure your boss has a copy.
    Hire an attorny pronto..
    Tony
    Last edited by tony; 08-14-2009 at 11:27 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Should I Appeal the Ime's Light Duty

    The IC has a doctors report that says you can return to work, they will use that to stop paying wage loss benefits..TTD.

    The only way to get benefits reinstated is to file for a hearing and get a judge to side with your treating physican.
    If you return to work, which is the goal of comp, and cannot perform the light duty job functions, you return to your doctor and get a report that takes you off again... you'll need that report to support your TTD status for a hearing.

    If you request a hearing, or appeal the IME decision, the IC is going to send an attorney, the CA/Claims Adj doesn't go to hearing... it would be in your best interest to let an attorney handle this claim for you too...

Similar Threads

  1. No Light Duty
    By longhaulintx in forum Texas
    Replies: 9
    Last Post: 01-31-2010, 01:49 PM
  2. Light Duty
    By electrik in forum New York
    Replies: 11
    Last Post: 03-12-2009, 11:26 PM
  3. Lay Off While on Light Duty
    By Jessiesmom in forum Pennsylvania
    Replies: 5
    Last Post: 02-11-2009, 12:09 PM
  4. Light Duty
    By aintquiting in forum New Jersey
    Replies: 9
    Last Post: 12-23-2008, 07:02 AM
  5. Light Duty
    By hurt smith in forum Tennessee
    Replies: 1
    Last Post: 08-12-2008, 03:25 PM

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