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  1. #1
    Join Date
    Dec 2009
    Posts
    107

    Post Benefits Are Being Cut Off Due to Failure to Return to Work, But Can't Return

    I received a letter from WC today that because I did not report to work when Dr. released me with restrictions, I will lose my benefits. The thing is that I was willing to come back, but because of pain in my back I needed to take my pain meds., which are a narcotic. The WD Dr. would not put that on the restrictions. My primary Dr. did fax over a paper stating I needed the meds because of my back, and my "own" Neurosurgeon knows I need the meds as well. I had a fractured T12 when I injured my back at work 5 months ago, but since I had the fracture fixed, it set off a new set of problems in the Lumbar area. Now, I need to have a fusion done which my insurance Co. at work will cover because supposedly it doesn't have anything to do with the fracture. I work in federal gov. in OK, and need some advice. Can't get a lawyer because of it being federal and they don't get a percentage.
    I am applying for SSDI at the suggestion of my own Neuro.

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

    Default Re: What Are My Options Now

    I work in federal gov. in OK, and need some advice. Can't get a lawyer because of it being federal and they don't get a percentage.
    You'll have to try harder to find an attorney to help you.
    It is not a good idea to use a message board as a substitute for legal representation.
    No one here knows anything factual about your claim other that what you provide. As always, there are 2, 3, 4, 5,... 6 sides to everything in WC.
    I received a letter from WC today that because I did not report to work when Dr. released me with restrictions, I will lose my benefits. The thing is that I was willing to come back, but because of pain in my back I needed to take my pain meds., which are a narcotic.
    If your ER cannot offer a light duty, or modified job for you due to the restrictions, you go back to your Dr and explain the situation... you should automatically be returned to a TTD status, and the wage loss benefits be resumed.

    Federal comp is often much more complicated than state comp, the rules appear similar on the surface... but they aren't.

    Spend some time reading the fed comp rules...and how to represent yourself, file for a hearing if necessary.

    Good luck to you.

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