dispute dr

[unhappy]

I have been released with no restrictions, but I do believe that there are certain parts of my job that I still cant do..I dont believe the Dr. has the full discription on my job duties. My TTD payments have stopped and I have not gotten a reply from my employer on where to report to work(some shifting of offices happened while I was out) I understand that they dont have to hold a postion for me but I also thought I needed to know that info. My Dr. did say to make sure I got continued medical..so I am very confused. I dont know if I need to just request a second dr opinon or need to do a QME I am not sure of anything.. and have not gotten any help from wc insurance. And during this time should I be at work?
Thanks

[1171]

after 36 posts you'd think you'd know to put your state in your profile.
if you put it in your profile then you don't have to remember each time to include it in your posts.

without knowing your state, information can only be general.
http://www.workerscompensation.com/forum...?tid=10146


you probably need to talk to your employer as to whether they can provide modified work while you dispute your doctors opinion.
if they can't then you shouldn't exceed your limits.
the process for disputes is particular to each state.

you have the right to a discussion about reasonable accommodation under ADA.
you also have the right to 12 weeks of job protection -if your employment is covered- from FMLA.

[unhappy]

(03-31-2011 03:38 PM)1171 Wrote:  after 36 posts you'd think you'd know to put your state in your profile.
if you put it in your profile then you don't have to remember each time to include it in your posts.

without knowing your state, information can only be general.
http://www.workerscompensation.com/forum...?tid=10146


you probably need to talk to your employer as to whether they can provide modified work while you dispute your doctors opinion.
if they can't then you shouldn't exceed your limits.
the process for disputes is particular to each state.

you have the right to a discussion about reasonable accommodation under ADA.
you also have the right to 12 weeks of job protection -if your employment is covered- from FMLA.

---

whoops thought I attached this to my previous post....state is ca....
I have talked to both wc ins. and gotten no response just a letter stating payments have stopped because I have been released to full duty...I have talked to my employer and explained what I have a issue with and was told they would get back to me with where I am suppose to go to work...so I guess I continue to go without any money going on two weeks...I just feel I have done all I can do...will go back to work but dont know where I am suppose to go..I assume I can go to a second dr. rather then the QME..

Thanks

[1171]

no.
at this point you should request a QME panel.
put your request in writing to the DWC medical unit and keep a copy.
the request form is here
http://www.dir.ca.gov/dwc/iwguides/IWGuide02.pdf
you can send a copy to the claims administrator as well.

information about QMEs is here (fact sheet E)
http://www.dir.ca.gov/dwc/iwguides.html

FAQs on the QME process is here
http://www.dir.ca.gov/dwc/medicalUnit/faqIW.html

[unhappy]

(03-31-2011 09:13 PM)1171 Wrote:  no.
at this point you should request a QME panel.
put your request in writing to the DWC medical unit and keep a copy.
the request form is here
http://www.dir.ca.gov/dwc/iwguides/IWGuide02.pdf
you can send a copy to the claims administrator as well.

information about QMEs is here (fact sheet E)
http://www.dir.ca.gov/dwc/iwguides.html

FAQs on the QME process is here
http://www.dir.ca.gov/dwc/medicalUnit/faqIW.html

---

thanks for the info...I thought I could do another drs opinion rather then the qme since I dispute the no restrictions...can I work during this period?

I have the paper work and will get it sent in but still thought since I am just disputing no restrictions I could get another opinion..

Which this wasnt so complicated

Thanks again

[Bummer Knees]

Do you have a work comp attorney?

Sounds like you need one if you are disputing the restrictions.

This page has information about finding an attorney in your state.
http://www.workerscompensation.com/regul...ategory=EE

And
http://www.workerscompensation.com/regul...ategory=EE

[1171]

a second opinion doesn't trump the first.
you just end up with 2 doctors disagreeing which doesn't resolve anything.

you can work but if you exceed the restrictions it'll just confirm your doctor's opinion.

[unhappy]

Thanks for the info the injury isnt that huge but it has changed how I do things in my every day life..which sucks..the problem is the dr gave me no restrictions and I know I cant do some of the lifting which is something I would do all the time in my regular job. Not heavy lifting..I am just frustrated that I havent gotten any help from wc insurance..but will be doing what I need to do..I do thank everyone for the help and advise..this isnt big enough for a atty...

Thanks so much

[Bummer Knees]

Just be careful not to reinjure with the lifting.

Just curious what are your injuries.

[unhappy]

Well I have not heard from my employer going on 3 weeks....I have sent a e-mail last week asking for status of my job...as I have been released with no restrictions over a month ago, since there have been some office closing and such I contacted HR to find out what I was suppose to do, didnt get a call back until a week later, at that time was told on the phone they would get back to me as soon as they had a place for me. Well no answer and no pay, I am not getting any money and want to file a complaint but not sure how or to whom. Should I get something from the wc ins. signing that the claim is closed? I am disputing the DR. no restrictions as I cant do everything in my job (there is some lifting)
Any advise would be appreciated..
Thanks