I am in texas,had designated doctor app 5 months ago say i am at mmi/set i/r at 5 % for back injury he also said i have perm restrictions.my treating dr last week lifted my restrictions and released me back to work.employer says no! you have perm restrictions. does dd have more power outside of w/c case? help!!
The employer does not have to let you come back to work. As I am sure you know, Texas is a right to work state.
It is not a matter of which dr. has more power. I believe (in my mind), the employer is using the report form the rating as an excuse to let you go.
Go back to the doctor that rated you. Ask for an update and review the other doctors report with the lifted restrictions.
Many times a injured worker goes to another doctor to lift restrictions, when they shouldn't be lifted, then putting the injured worker at risk.
as a practical matter it would be rare for an employer to pay disability on one report and wages on another; you get double payments and they get double costs.
most employers would think it unfair.