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  1. #1
    Join Date
    Aug 2009
    Location
    AZ
    Posts
    9

    Default Husband Needs Help-Wont Be Able to Do Light Duty

    Ok my wife has been posting, my turn. I don't think she should accept offer of light duty I am worried she will force herself through the pain (cause she thinks she so tough)ending up worse or even fall and hurt herself more. she takes percocet and muscle relaxers and still has pain, trouble walking, and sitting down I will transport her both ways since i will not let her drive on meds.. I just don't get how the IME says light duty, sitting is a killer for more then 20 minutes then she must lay down. At home she lays down at least 1 to 2hrs. for every 15/20 minutes up. Plus she is crying all the time I am confused about what to do.
    She says she will accept light duty offer-Ok but what happens when she is at work and no longer can move? No place to lay down...WHAT THEN?
    She told work all this but they only go by what the IME says-regardless of treating dr. saying she needs surgery to get better.
    She does not want to be fired and keeps saying if she has to, will go out on FMLA to save her job but now with the light duty she cant go out on FMLA.
    I just want her safe!! PLEASE ANY HELP
    used to GOLFALOTS

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Husband Needs Help-Wont Be Able to Do Light Duty

    She can request FMLA leave...any time her doctor will certify the medical necessity whether hers or a qualifying family member... FMLA is available if she meets the requirements. FMLA and comp leave are permitted to run concurrently... but are not dependant upon one another. The ER is also permitted to notify her in writing of FMLA leave, and run this concurrently with the WC leave.

    The problem you face in denying an offer of light duty, is you are giving the ER/IC an opportunity to stop any further payments for wage loss...TTD or TPD. She should be discussing with her treating physican any restrictions he may place on her return to work. If the ER cannot meet the light duty offer wth the restrictions...she should be returned to TTD status.

    WC is always subject to litigation of the claim when there is a disputed issue, in this case you are disputing the IME opinion she is able to RTW even in a light duty capacity.

    If you don't have an attorney, you should be consulting with a few. If you want to get this to a hearing, see the atty, or file on your own. It will likely take a judges order to reinstate the wage loss benefits.

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