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  1. #1
    Join Date
    May 2012
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    52

    Default Ordered Back to Work Against Doctor's Orders

    Well, today I was ordered back to work by my superiors against the orders of my doctors. I have had an ongoing issue with one arm since I was injured wrestling with a guy while on duty about a year and a half ago. I just had tennis elbow surgery less than two months ago and my employer's self insurance department and the company that handles the workers comp issues had made three requests to get me back to work on light duty, my doctor said no. Last week I had an IME and even though he was very much on my side with the surgeries and he continues to support me, he said I could do the light duty so today I was ordered back on light duty. I will of course go because if I don't it's considered violation a direct order and I could be subject to termination. So I will let the union handle this but I know my doc is upset and my physical therapist told me this afternoon returning even to light duty can basically put me back to where I was presurgery. So we will see what the attorneys say about all of this. I expect it to come to a head this week.

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

    Default Re: Ordered Back to Work Against Doctor's Orders

    Last week I had an IME and even though he was very much on my side with the surgeries and he continues to support me, he said I could do the light duty so today I was ordered back on light duty.
    As long as your ER has a Dr report/opinion saying you can perform modified/light duty work, that's the report they use.
    if you wish to dispute that...you get your Dr report/opinion and let your attorney file for a hearing in comp court.
    Refusing to go back at this point could adversely affect any benefits you may be due.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,812

    Default Re: Ordered Back to Work Against Doctor's Orders

    IF your doctor does not want you working, then he needs to man up and write you an out of work note.
    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

  4. #4
    Join Date
    Oct 2011
    Posts
    147

    Default Re: Ordered Back to Work Against Doctor's Orders

    Quote Quoting BvIA View Post
    As long as your ER has a Dr report/opinion saying you can perform modified/light duty work, that's the report they use.
    if you wish to dispute that...you get your Dr report/opinion and let your attorney file for a hearing in comp court.
    Refusing to go back at this point could adversely affect any benefits you may be due.

    Question: What if your PTP states that you have permanent restrictions at MMI, but your work never offers a position within those restrictions PRE-PQME, and POST-PQME the report says nothing about work restrictions? It doesn't say can return to work, has such and such work restrictions, has recovered from injury.... nada..... just that "the applicant is not working" I am still "employed" with ER, but they have not engaged in the interactive process regarding MMI and perm restrictions--set forth from PTP.

    I guess what I am asking is: if my PTP has given me MMI and restrictions, the PQME doc said nothing about any restrictions, etc, atty plans to dispute PQME findings, nothing is "settled" yet..... do I still have these perm restrictions as set forth from my PTP?

  5. #5
    Join Date
    May 2012
    Posts
    52

    Default Re: Ordered Back to Work Against Doctor's Orders

    My doctor does not want me working, period, and has documented it. Two weeks after I had my surgery the self insurance department faxed my doctor a request to send me back to work even outlining the details of the light duty, he said no. Twice more they faxed him the same request and he said no both times, I have a copy of it and so does my attorney. The IME put in his report that there is no hope that I will ever being able to return to full duty and that there is nothing further that can be done. He did not say we have reached MMI because this surgery has a one year recovery time and it has only been less than two months. He did however say I can do the light duty. My physical therapist also does not want me working but they are not doctors (LPN's) but they cannot order me out of work. I have a copy of their last reevaluation showing that I am still not getting any better but they are concerned it will get worse. I see my doctor this morning, and if he stays the course of saying he does not want me working than we are going to contest the IME and end up at hearing. I know my employer wants to terminate me because they sent me a notice of a Section 71 Civil Service hearing three weeks ago that if I fail to return to work that I will be subject to termination (they put that in print and my attorney has a copy of that as well). I also have an appointment this afternoon with my second doctor (this is a pain management specialist) because he wanted to try a spinal column stimulator to help with the pain. They have denied it but the IME said if the PT did not work it was a consideration. My employer has already told me that they don't want to pay for the stimulator because of the cost to the taxpayers and that I have already cost so much. I don't know where this is all headed but this week might prove interesting.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Ordered Back to Work Against Doctor's Orders

    My employer has already told me that they don't want to pay for the stimulator because of the cost to the taxpayers and that I have already cost so much.
    That is not a valid denial for any recommended treatment plan, and will never hold up in front of a judge. You are going to court. Count on it.

  7. #7
    Join Date
    May 2012
    Posts
    52

    Default Re: Ordered Back to Work Against Doctor's Orders

    I saw my doctor today and he said that he didn't agree with the light duty but he signed off on it as well. So now I am back to work but we don't know for how long. I then talked to my union attorney and he informed me that now that I am back on light duty and not on 207C my employer anytime they choose can now submit on my behalf for medical disability instead of having to pay me while out on 207C and having to pay my full pay. The IME put in his report that there is no expectation of me ever returning to work on full duty and that there is really nothing more we can do except for the physical therapy which isn't really helping. He did not say I have reached MMI though as the surgery takes a year to recover, but come the end of this year I will reach the two year mark since this injury began. The union attorney also told me that the section 71 CSL hearing is still a possibility.

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