still considered employee after 1 year off

[littlenurse54]

I found out today that I am still considered and carried as an employee after being off 1 year even though my position was replaced by someone.( injuried 4/2008.) I am still having problem with work injury and w/c cut me off 8 months ago due to non-work related injury which the doctor decided did not effect my work injuries. Also found out today that there is no light duty at work for nurses. what can be done in my case if no light duty available and the employer is not willing to made exception and provision for me. (injuried bil. knee still having swelling and numbness in leg) w/c has not allowed or approved further treatment of knees. I live in Louisiana

[1171]

contact your states vocational rehabilitation agency for help finding a new carreer or position that can accommodate your restrictions
http://dss.louisiana.gov/index.cfm?md=pa...19&catid=0

[Bummer Knees]

Do You have an attorney, if not I would think you may need one?

I was injured 2005, bilateral knees, and back.
I had surgery 5 months after the injury and placed at MMI 3 months later with no restrictions and closed medical.

I continued to have problems with the knee and hired an attorney to reopen my claim. My attorney sent me for a IME, the judge read the report and reopend my claim. Since, I've had 2 more surgeries with the last being a total replacement.

It have not worked since I was placed at MMI after the first surgery (3 yrs ago).
I worked for a local community college and being listed as an employee my daughter will receive free tuition in the fall.

Once I am placed at MMI I am sure my employment will be terminated.

[cnaz]

Every state has different laws re: maintaining / terminating employment.

Were in AZ which is a right to work state - although they could have terminated him at any time, the comp agreed to create a position for him. They created a position based on his restrictions, the problem was that it was not a sustainable job. He did some inventory and equipment testing that had gotten screwed up by the person that replaced him, he did that for approx 45 days and was then laid off due to no longer a need for that position. (Once he fixed the problem they created). They of course timed it to be beneficial to them - 2 weeks short of getting profit sharing for that year, another years vesting in his 401 k and renewal of thier company paid insurance plan.

This was "to the letter of the law" according to the AZ Industrial Commision and WC Omsbudsman.