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Work Comp Doctor Lifted Weight Restrictions 4 months after surgery!

Discussion in 'Workers Compensation' started by Never Ending Story, Jul 31, 2019.

  1. Never Ending Story

    Never Ending Story Law Topic Starter New Member

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    Jurisdiction:
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    I waited 3 months before hiring my attorney, my father and soninlaw talked me into it. You can only go so long without a paycheck or medical treatment. I've had 2 neck surgeries and 2 rotator cuff surgeries, and I am still not remotely close to what I was before my work injury Its almost 3 years ago in September without relief. The work comp doctor they hired to do the second rotator cuff surgery removed my weight restrictions, but indicated no repetitive overhead movements and is sending me to pain management. I explained to the doctor I have to lift clients and how the physical therapy wanted to continue, but neither the work comp adjuster or nurse manager responded. Even tho the physical therapist indicated I can only lift 8 to 10 pounds safely, the doctor took the restrictions off. When I told him I can't lift, that I will drop a client, he said, "well we will see what happens!" I told him, you are risking not only my safety but the clients safety. The exam he gave me was shaking my arm which really hurt. So now I am wondering if I can get fired for refusing to lift? I did see something at the osha site which indicated your employer can't make you do anything...that will cause yourself harm or endanger the safety of another.. I'm wondering if I'll get fired if I refuse to lift the client? I am really scared I am going to re injure myself....what happens then! I slid by today, fortunately for me, because my attorney is out of town until Monday. So I have no clue what to do: refuse? or try and reinjure myself and/or the client......what a choice! I should have put my user name as "running scared!" This has been the worst experience of my life!
     
  2. army judge

    army judge Super Moderator

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    I suggest you be proactive regarding this matter.

    First thing tomorrow I would visit with your manager, then your company physician/nurse/medical provider, benefits representative, and finally an HR representative to voice your concerns in a calm, civil, polite, professional manner.

    Tonight it would assist you in that discussion by jotting down ALL of your concerns, and formatting them for your discussion in a way that will make sense to the person (or people) with whom you will discuss your concerns.

    You should also write a letter to your attorney expressing your concerns and summarizing the results of all the conversations in which you engaged. You end that letter by requesting an appointment to meet with your attorney.

    It can't hurt you to try doing what your employer requires, but only after you have expressed your fears and concerns to the aforementioned officials/austerities mentioned above. If at any time while you're trying it hurts you or you fear dropping a patient, stop and inform your management IMMEDIATELY! If there are others I have omitted, make sure you reach out to them, as you know your employer better than a stranger.

    Good luck.
     
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  3. mightymoose

    mightymoose Moderator

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    Ditto.
    You need to speak with your employer about this. Don't wait for there to be a conflict.
     
  4. Never Ending Story

    Never Ending Story Law Topic Starter New Member

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    I have talked with my boss and HR about this situation. They said they have to go by what the treating doctor said. I showed them paper proof, the last day of physical therapy notes, indicating the safe weight I could lift. I expressed my concerns for the clients safety as well as my own, and it doesn't matter to them. I am pretty scared about what tomorrow will bring. It's only been 4 months since I have had the 2nd rotator cuff surgery.
     
  5. army judge

    army judge Super Moderator

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    If you wish things to change, you keep trying.

    If you do nothing or become argumentative, you'll only receive more pain, abuse, and trouble.

    If you ask to speak to someone about an important work related and safety matter, I would think you'll be allowed to express your concerns.

    If you think it won't help, you'll have to wait for your attorney to return and advise you accordingly.
     

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