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  1. #1
    Join Date
    Jul 2018
    Posts
    2

    Default Can My Employer Do This is It Harassment How Do I Fight Back

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

    My question is can employer, 2 years after allowing my PTP to release me to return to work (the same job) - I have no problem performing my job- now is trying to take away my job using QME report's statement that my PD may prevent returning to the same job? The actually reason is to cover up the bullying and harassment by a few coworkers now and also prior to this injury. In the past a previous, the harassment included violence.

    Background:
    I was injured at work about 3 years ago with multiple body injuries and was placed on IDL.

    QME doctor did not receive all medical records from WC or my lawyer; QME doctor did not receive medical report from secondary treating physician who saw me just 20 days before my QME appointment. QME report came out 20 days after my QME appointment.


    QME assigned PD rating for each body component - the body component that is the specialty of Secondary Treating Physician was was 0%. QME also stated that I reached Permanent and Stationary which was not true but QME did not get all medical report(P&S). QME report also stated that the PD may prevent me from returning to work at the same job which I did not agree as my PD are not even visible noticeable.


    At the time of QME I had left the old PTP who never evaluated me himself. When the QME report came out, I had an appointment in a month to see a new PTP who was on vacation. When QME report came out, my employer's worker's comp office told me on the phone (not in email) that I could return to work immediately. I could not return yet due to the persistent paid from the body part with 0% PD and I waited with no pay to be released by my PTP to return to work.

    I said nothing about with PD rating assignment but I did not agree not with P&S statement especially for the body part that had 0% PD. So when my employer's WC office asked me (not in writing) to return to work immediately, I replied that I would wait to be released by my PTP and did not return to work immediately. Two months later, I returned to work with my PTP's clearence.



    Two months after QME appt, my PTP released me to return to work on Light Duty on two weeks (due to pain from the body part with 0% PD) reaching Full Duty after 2 weeks. I went along with it as I needed the money. The pain from body part with 0% PD continued for another 8 months but it did not affect my thinking process. My Lead was nice to me and recognized my hard work. None of the injuries affected my thinking process but my attorney wanted PD on it and so I had to dismiss him.



    I have been working for 2 years with no interference/limitation due to PD; the interference/limitation is in my life outside work.



    The case was settled with Stipulate and Award, with no mention of TD pay. Currently, I am contesting TD pay for the period after QME till I reached full duty.

    Now, my employer, to cover up the side issue of me being bullied by two coworkers with one siding with them - they were doing this before I was injured but after I returned, my SUP used them to make unsubstantiated allegation - is now making my WC Carrier to ask my current PTP who was my secondary treating physician at the time of QME) whether he agrees with my QME.

    It is clear that my employer (specifically my immediate management who wanted to cover up the bullying and harassment) is trying to take away my job by questioning my QME report while the WC Carrier would love to get PD Rating reduced.

    My question is can employer ask to re-evaluate the QME report through WC Carrier as they are doing now? This is obviously to harass me because I had been resisting the bullying and harassment (also exposing prior bully & harassment) and would not run off.

    I would just like some insight what can my employer do? Or is it just barking? I like this job (the duty in this job) and do have plan to get a better job- I have skills and education for it. I do not want to run away for just any job or a similar job as the one I am in now.

    Any insight would be greatly appreciated.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Can My Employer Do This is It Harassment How Do I Fight Back

    CAuser777
    My question is can employer ask to re-evaluate the QME report through WC Carrier as they are doing now?
    Sure, they'll need a good reason though, just because they ask doesn't mean it will be granted.
    They'll have to file a REQUEST FOR RECONSIDERATION within 30 days of your rating.

    DIVISION OF WORKERS' COMPENSATION
    REQUEST FOR RECONSIDERATION OF SUMMARY RATING
    BY THE ADMINISTRATIVE DIRECTOR
    This form may be used by an unrepresented employee or his or her employer to request that the Administrative Director
    determine whether a permanent disability rating issued by the Disability Evaluation Unit should be reconsidered
    pursuant to Labor Code section 4061(g).

    There are only four reasons to file this request, so follow the instructions carefully. If your
    reason isn’t within one of the four, your request will be denied and your case will be
    delayed. Disagreeing with the QME or your doctor’s conclusion is not a reason to object to
    the summary rating.
    You must submit your request within 30 days of receiving the rating.
    https://www.dir.ca.gov/dwc/iwguides/IWGuide03.pdf

    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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