06-20-2012, 05:39 PM
I was recently ordered back to work on light duty in my law enforcement job after being out for surgery for an injury 18 months ago. I have PT for the surgery which was to repair one elbow (tennis elbow surgery) three times a week. I saw an IME two weeks ago and he told me there was nothing left to do surgically and that this round of PT was about all that could be done, but a spinal column stimulator was a consideration. Of course my employer's self insurance department denied the stimulator (again). There is little left to except the PT. The IME even put in his report that there is no chance of me returning to my full time status ever and that the injury was caused on the job. So now what? I have been told that with the NYS Civil Service I can be let go after two years. In December it will be two years, the IME has not said I have reached MMI. I was also told that my employer can file anytime now on my behalf for medical of performance of duty disability. I do have a Workers Comp Attorney but right now there isn't much he can do since we are in limbo medically. I had one surgery last August (carpal tunnel release which failed) so I know the MMI on that should be a year. Can there be a permanency hearing on that surgery without the one for the elbow or does the clock reset with the second surgery? I am glad I do have an attorney because if how confusing this all is. I am in NY if that makes a difference. I guess I am just waiting for the other shoe to fall. This week my employer started giving me a hard time over the PT, which they have never done and I have been going on and off since last September. I just wonder if they are going to try and pull something to fire me (I have never had any disciplinary issues and have a Good Conduct award I received last year so it seems hard to try and can me, but you never know). I just hate waiting for the light at the end of the tunnel and hope its not a train coming the other way.