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return to work
02-17-2011, 01:43 AM
Post: #1
return to work
The ins said they talked to my employer and they will accept my restrictions. The wc dr lifted my restrictions from 5 lb to 10 lbs frequently and 20 occasionally. And no bending over 90% angle but still no twisting.

Do I have to accept the offer to work under thier dr's new restrictions.?

Do I have to accept thier offer without it in writting?

And by wc law can they stop paying you without giving you a written notice of denial.?

Any input would be great, from WI......Bronco
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02-17-2011, 10:40 AM
Post: #2
RE: return to work
has your surgeon released you? I think that would be the key....

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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02-17-2011, 10:52 AM
Post: #3
RE: return to work
Not sure about ur state but I would think you woul have to be released by YOUR treating physician and that your employer would have to offer you in writting a job offer consistant with your treating physicians restrictions.
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02-17-2011, 11:01 AM
Post: #4
RE: return to work
(02-17-2011 10:40 AM)jayne Wrote:  has your surgeon released you? I think that would be the key....

My surgeon who did the pelvis and hip reconstruction did release me. But the surgeon who I have been seeing for my back has not performed any surgery yet, but was in the makes.. My local injury dr has been the only one since 08 that has written any restrictions and he was the only one...
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02-17-2011, 12:20 PM
Post: #5
RE: return to work
no
no
if you are going to refuse why write the letter requesting a return to work offer.
yes they can.
the penalty for incorrect or failed notice is a fine during an audit not that they can't stop payments.
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02-18-2011, 12:35 AM
Post: #6
RE: return to work
(02-17-2011 12:20 PM)1171 Wrote:  no
no
if you are going to refuse why write the letter requesting a return to work offer.
yes they can.
the penalty for incorrect or failed notice is a fine during an audit not that they can't stop payments.




Thanks 1171, but as to the offer of work, do they have to send me somthing in writing offering work or can they do it by phone.... The only person thats has told me they have work for me is my adjuster, and have not hear anything from my employer.
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02-18-2011, 01:17 AM
Post: #7
RE: return to work
I was called and it was followed by a letter then a phone call telling me not to bother......lol

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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02-22-2011, 10:46 AM
Post: #8
RE: return to work
now thats an interesting question because i ran into that situation in 2008 when my primary doc took me out of work and didnt mention any return to work yet but she also refered me to a doc to do trigger point injections in my neck and i knew him because he did all my nerve blocks in my back over the years but when i went to him he refused to treat me and told me to suck it up and go back to work then gave me a light duty work slip < i later found out he wont do any injections in the cervical area due to the risks> anyways i was in a panic because i not only didnt my primary release me but i was in a great deal of pain BUT because of his light duty return to work note i had to go back to work i was told which only lasted 4 weeks because the pain was so bad i couldnt bear it any longer so back out i went....NOW i am running into the same situation with 2 docs saying i can work who were just 2nd opinions my lawyer sent me to but my primary neuro doc hasnt released me so this time im not listening to anyone but the original doc who took me out and still says i cant work yet....IM not sure what will happen but i do know comp is pushing me back to work because of IME doc and Ortho doc saying i can do light duty despite im in a ton of pain in neck and back with problems even walking.....catch 22 but laws have changed so much over the years...

[b]5 work related back injuries, 1 rotator tear, 1 neck injury, no surgeries thank god but lots of NYS WC experience over 25 years.[/b]
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