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  1. #11
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Well,i had the surgery,saw my Dr yesterday.Im still in a lot of pain,my knee gives out on me in the shower and on the stairs.The DR said yesterday that i should have two more weeks of pt,then he wants me to return to work.I know im not ready an LPN like myself,spends a lot of time on their feet,the Dr says,and the CA says that my employer is willing to make accomadations for me at work,but there is no such thing as an LPN who can sit down their whole shift.In my original diagnosis,the report stated that i had a meniscal tear that extended down to a cyst,the dr tried teling me that the cyst would be absorbed by my body with PT.However my knee constantly throbs where the cyst is.The mri report says the cyst is deep inside,but the dr rubbed his finger over the surface of my knee and said he dosent feel anything.I know this dr is just a puppet for wv,but i need to know if wc can force me back to work while im in such pain,and i cant even get around my house very well,i cant put weight on my leg for more than a few minutes.Does anyone know if WC can force me back to work when im in this condition?Can i outright refuse until i feel better?Also,i feel the dr should have done an mri on my knee to check on my knee,and the cyst that hes pretty much ignoring,what if its grown larger?causing the throbbing.Ide appreciate any advise,i dont have much time only two weeks,should i be talking to a lawyer at this point,thankyou to anyone who can help.

    ---------- Post added at 01:19 PM ---------- Previous post was at 12:54 PM ----------

    Well, i had my surgery dec 21,ive been having pt since then,ive made some progress,but im still in a lot of pain.Saw the DR yesterday,hes recomending 2 more weeks of pt and then back to work.I can barely make it around my house,i have a constant throbbing below my miniscus,the original mri report said i had a diagonal tear from my miniscus leading to a cyst deep inside.The dr told me four weeks ago that my body would absorb the cyst with pt,that dosent make sense to me.So he rubs his finger over my skin below the surgery site and says he dosent feel anything.The CA is in the room all this time,before the dr saw me she had a few words with him out in the hall,the wc drs are puppets and the CA was pulling his strings im sure telling him what she wanted him to do.The ca says that my workplace has said they would accomidate me,,but im an LPN,theres no such thing as sitting down for 8-16 hours.Their trying to force me back to work before im ready,and i think the dr should have ordered an mri to see if that cyst has grown larger,and to see if the surgery was successful. I plan on talking with an attorney,if i can get an appt before i go back to the dr in 2 weeks..Im not sure what my rights are,does anyone know if they can force me back to work in my present condition?Ide be ever so thankful if anyone has any advise for me,im afraid going back to work now would only make my knee worse,its swollen most of the time,especially after pt or doing my exercises at home.And i dont want to do further damage if something is not right in my knee,ie;the cyst that my body was supposed to absorb,what if its gotten larger and thats causing the constant throbbing,what if the surgery wasnt succesful,how can the dr send me back to work without knowing the answers to these questions?Im going to try to get an appt with a lawyer before i go back in 2 weeks,but im not sure i can get one that quick,does anyone know what my rights are about returning to work when i feel im not ready?I would so much appreciate anyones help,i dont have much time.Thankyou to anyone who can help.

  2. #12
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    If your Dr releases you to a light duty/modified work status, and your ER agrees, yes, you would have to go back to work...OR, your weekly disability benefits will stop. You'd be much better earning a wage vs disability benefits....If you make the attempt, and are unsuccessful...go back to your Dr, and get your status changed back to TTD.
    If you are working, and making less than your pre injury AWW/Average Weekly Wage, you could be paid TPD/Temp Partial Disability benefits if available.

    The goal in comp is a return to work, sooner than later. "Pain" in itself is not necessarily a qualifying disability. Working can be a form of PT....vs staying on the couch.

  3. #13
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Thankyou for your advise,but can you tell me what ER means,and what TTD means,thankyou.

  4. #14
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Sumafow see here for common acronyms/abbreviations:

    http://www.workerscompensationinsura...-Abbreviations
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #15
    Join Date
    Jun 2012
    Posts
    1

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    I don't know if this thread is still active but here's my advice. Whatever stage you are in, get an attorney. I have a WV claim working now and my attorney is approximately 250 miles from where I live. If you need his name and number, let me know. Your claims rep only concern is saving money and not helping you.

  6. #16
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    I have this problem.
    The physical therapist doctor screwed me.
    He 'told' me in his office it would be a while before I would go back on duty but then I find out today he wrote that I could go back on light duty at any time.
    I mean, how the hell am I going to drive to work with a cast on my leg?
    Not to mention I'm on pain meds.
    I have an appointment with the doctor tomorrow, I will insist that he change his initial written comments to that there's no way right now.
    Last edited by Dispatch; 11-05-2013 at 04:55 PM. Reason: Additions.

  7. #17
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Dispatch, you ought to start your own thread.

    And insisting that a doctor you barely know "change his initial written comments" is not a winning strategy. You can tell him your concerns, of course, but you have to be careful.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  8. #18
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Quote Quoting complwyr View Post
    Dispatch, you ought to start your own thread.

    And insisting that a doctor you barely know "change his initial written comments" is not a winning strategy. You can tell him your concerns, of course, but you have to be careful.
    Careful of what?
    If he sends me back to work I have nothing more to loose.
    I have a right to request another doctor through comp.
    I'm the one in pain an suffering not him and it's not even been a weeks time.
    This guy lied to me, he said one thing and did another on paper.
    I have nothing to fear I did nothing wrong!
    If this goes bad even after I get the union involved, I will get an attorney and take it to court.
    Last edited by Dispatch; 11-06-2013 at 06:23 AM. Reason: Additions

  9. #19
    Join Date
    Mar 2014
    Posts
    1

    Default Re: Workers Comp Doctor Reccomends Returning to Work, Despite Continuing Problems

    Hello, I know this thread is super old, but, it does show up in a general Google search when searching workers comp.
    So my comment goes to the issue that sumafow originally posted.
    While it seems to you that a torn meniscus is a debilitating condition, it is not. I am sorry that your pt did not improve your condition, but my question is about your reluctance to have a relatively simple procedure preformed to correct it. I believe the adjusters feel the same way, and I would be curious to know how this all worked out for you. I find it not plausible that a person would chose to live in such pain when there are solutions. No offense intended! The surgery really is no big deal. I've had it twice and was fully recovered and pain free in 2- weeks. 15 years ago. Maybe being a nurse is skewing your views on simple surgeries?

  10. #20
    Join Date
    Oct 1971
    Posts
    5,048

    Default Re: Workers Comp Doctor Reccomends Returning to Work, Despite Continuing Problems

    Quote Quoting olivias View Post
    Hello, I know this thread is super old, but, it does show up in a general Google search when searching workers comp.
    So my comment goes to the issue that sumafow originally posted.
    While it seems to you that a torn meniscus is a debilitating condition, it is not. I am sorry that your pt did not improve your condition, but my question is about your reluctance to have a relatively simple procedure preformed to correct it. I believe the adjusters feel the same way, and I would be curious to know how this all worked out for you. I find it not plausible that a person would chose to live in such pain when there are solutions. No offense intended! The surgery really is no big deal. I've had it twice and was fully recovered and pain free in 2- weeks. 15 years ago. Maybe being a nurse is skewing your views on simple surgeries?
    I don't think anybody owes you an explanation for anything.
    Because the surgery went well for you doesn't mean it would go well for all, you're making a false assumption.
    If it goes so well, why did you have it twice?
    There's no such a thing as a simple surgery, every procedure carries risk, by the way who are you a doctor?

    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.

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