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  1. #1
    Join Date
    Jul 2012
    Posts
    28

    Default Can Your Employer Bar You From Taking Pain Medication

    My workers compensation claim was made in the State of: RI

    I was finally released for light duty by my ER, and told by the ER if I was in too much pain I could go home and WC would compensate my time out for that day. I also need a note from my Dr. every time I leave work early (which is half the time) or stay out bec. of pain. However, I need to physically "see" the Dr. w/in 24 hours according to WC to get this note stating I was "in too much pain for light duty work" that day in order to be compensated. My Dr. is VERY BUSY and literally yelled at me she doesn't have time for this "push-pull IC nonsense". She calmed down and admitted she is not angry at me, but angry at the system for forcing both of us to jump through these stupid hoops. She's never had to do this with any other WC patient also working for my ER, and is threatening to take me out of work again just to get rid of their annoyances. My injuries are such that I never know how much pain I will be in, even from hour to hour. Factors like weather, tiredness from not sleeping properly bec. of pain, even stepping on the brake pedal too hard traveling to work, etc., are always changing. I am not allowed to take narc. meds while working that lessen serious pain/take it before it gets to the point of screaming. This is really frustrating.

    Is this policy legal? My lawyer says if its ER policy I must comply. Is there anything I can do besides the Dr. taking me out of work yet again? I really want to stay working as long as possible, and would never break any rules re: meds. I do understand their reason of anyone can "say" they are in pain and take time out/abuse the system (not that I would), but how do they think my Dr can determine if I am "in too much pain to work" that day? And by the time I see her the next day and may feel better, will they try claiming I was lying about the day before's pain level?

    This policy just doesn't make sense except to keep WC costs down, me hassled so I will quit, and my Dr frustrated enough to begin resenting my care.

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

    Default Re: Light Duty

    Your ER doesn't make disability decisions...your Dr does. So yes, you must see the Dr for disability benefits to be paid.
    If you cannot perform the light duty job function, your Dr should return you to a TTD status....
    Not about legal/illegal in what you are experiencing... while it's commendable you wish to work... it may not be in your best interests until you reach MMI.
    See your Dr... get your status changed. You may be trying to return to work too soon.

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