WC doc says return to work; my doc says no

[murphsmom]

Hello,

I was off work for 3 wks from my personal doc due to shoulder pain. After 3 wks w no improvement, she said it was work related and I had to file a claim. Both she and my physical therapist said I should not return to work, but today the WC nurse practitioner says return to work on Monday.

Do I have a right to disagree? Or will I lose my job?

Also, what if I quit my job...is my employer still responsible for claim?

I am confused because they tell me they have 30 days to get me a QME while they decide to accept or deny claim, yet their people tell me to go back to work on Monday.

Please HELP! Thank you for your assistance.

[Bad Boy Bad Boy]

WC nurse practitioner is not a Doctor, but, is most times supported by a doctor. Yes I would return to work, your employer can elect to say your not capable. But, if you become in pain at work, demand they send you right away to a doctor, make sure they give you a slip to see the doctor.

Yes, you can quit, by why would you. Your claim if accepted by the WC employer's Insurance still follows you. No need to quit though. Most times you can get passed this hurdle.

[Wink]

murphsmom Wrote:Hello,

I was off work for 3 wks from my personal doc due to shoulder pain. After 3 wks w no improvement, she said it was work related and I had to file a claim. Both she and my physical therapist said I should not return to work, but today the WC nurse practitioner says return to work on Monday.

Do I have a right to disagree? Or will I lose my job?

Also, what if I quit my job...is my employer still responsible for claim?

I am confused because they tell me they have 30 days to get me a QME while they decide to accept or deny claim, yet their people tell me to go back to work on Monday.

Please HELP! Thank you for your assistance.

Sure you have the right to disagree. Obviously your doctor and PT disagrees, too. I don't think that a Nurse Practitioner should bow to your doctor, but neither do I think she should get in the way of your doctor's medical advice! On whose authority is she acting on, her own? Does a NP have the credentials that your doctor has? No.

Do what Bad Boy said. Now, I don't know the extent of your case, but you may need a lawyer, also.

[Bad Boy Bad Boy]

I do believe what they are calling Nurse Practitioner, just might be a (PA) Physician Assistant. If that is so, and that was what I was thinking from the start, they are supported, by a Doctor. That was what I meant in the other post reply.

[Manley2]

I know it's now the weekend but would your doctor give you a list of restrictions he would want on you? Might not be the best idea but if you walked in with a list of restrictions maybe they would see why he didn't want you to return. But sad to say if they tell you to return you normally have to follow that but do nothing that will hurt you and as they said tell them when it does and ask to see a doctor

[murphsmom]

Thank you all for your advice. I am returning to work on Monday per WC instructions. They did restrict my work and require a work station change. But I also made an appt to meet with an attorney.

As for quitting, it is simply the bad timing. I have been planning to move to another city an hour away since early this year. This has become a very stressful factor on the subject, worrying about the impact of leaving the job with a claim beginning just as I had planned to leave.

She was a nurse practitioner, not a PA, but I never saw a single doc in the place. My doctor and physical therapist have treated me for three weeks and told me not to return to work yet but five minutes with this NP who barely checked me out said go back to work. Almost as scripted.

This urgent care clinic was a shock, all geared toward working for employers rather than patients. Everyone in there was in attendance for pre-employment physicals, pee tests and WC claims. Not a "sick" person in site, just a fast food, drive thru feeling clinic, a place completely geared for workplaces rather than patients.

Thank you all again for your input.

[Bad Boy Bad Boy]

Well now that it's clear it was a WC Nurse Practitioner you really don't have to follow the orders of such person. And you should explain that to your employer also. And advise them they are not a doctor, and can not play doctor, nor can they over ride what a doctor states. Yes, an attorney will tell you the same thing. I agree on not moving right away, as that would not look to good right now. But, you can quit and move, if you have too, and the work comp claim does go with you, and continue.

[1171]

if you are under california comp laws you can go to any doctor in the carriers/employers Medical Provider Network at any time.
just let them know who you've chosen.

[murphsmom]

A quick update...went back to work today and just sitting at a desk for the first time in a month gave me discomfort. Desk is too high. I was told to return to work with a work station evaluation, but how can they return me to work if work station has yet to be checked. When I asked, they have no idea when it will happen.

Also gave me a different job to do during restricted duty, and it's more repetitive than the one that caused injury.

If I can't do these new duties without pain, what do I do? If I quit, can I draw unemployment? I think they are trying to punish me for filing the claim truthfully.

Thank you for your advice.

[1171]

if you are being discriminated against you can file a complaint with the comp court.
unemployment doesn't pay those that quit their job.