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Chess - I'm tired of being a game piece!
#1
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#2
you can object to the IME. your atty can file it with the comp court.
if you don't trust your atty's advice interview some others.
it can be very difficult to stay where you are not wanted.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
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#4
Don't say this IME will say you can't do the job. Not sure where you are but there are doctors out there that will write just about anything the employer tells them to as long as they pay for it. Not much is fair in the WC system and most rules are written to help the employer and not the injured party.
Just keep a level head and fight for your rights. Remember they like to get you feed up and given in or do stupid things to hurt your case. A good lawyer on your side is about the only thing that can help.
 
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#5

I'd like to take every adjuster, my employer, the lawyers, and have them spend one day in my shoes - they'd realize quickly the pain and limitations I live with.

 
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#6
Your last line is so true, if they could spend a day in our shoes they would see what is going on and how you feel. I've told a couple of my doctors I wish there was a way to hook up a machine to my brain and record how I feel during the day. Those that have never had pain on a daily basis like this will never understand, they also don't understand you have this pain 24 hours a day and not just from 9-5.
You can get an FCE on your own but I'd wait and see what this next ones says. When you have reports that conflict you pretty much take all of this to a hearing and let them decide what to believe. In your case it sounds like you have so much supporting your side so one FCE that claimed the employer is right and you could do the job I would not worry about too much. If from the same doctor I would say your lawyer would get a depo from this doc asking him why he changed his mind now after 2 reports saying otherwise.
WC is doing voc rehab with me because I'm sedentary but we have been doing this for almost 16 months now and not one interview. I've never done anything but physical type jobs. Plus they do not take into account for the last year and half I was at my last job they had me in their rehab department where all I had to do was show up and sit. We didn't do anything but try and stay awake, most of us failed and fell asleep every day. But worse then this was even with only having to show up and sit I still almost never put in a 40 hour week because of pain I just couldn't even sit there. When I did have a 40 hour week it was because my boss didn't dock me for going home or not going in. I keep playing their game because I get a chuckle thinking about how much they spend for this company to do the job search.
 
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#7
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#8
I'm in IL as well. They have made an offer about 4 years ago and it was way off. Since then I got SSDI so now a MSA would be needed. They have made a couple more offers but only want open medical. They have stuck medicare with more the $50,000 in bills and have not paid for my meds since Feb 2013, that bill last month was over $8,000. So why do they think I would believe they are going to pay anything under open medical once we settle. Lawyer is getting all the bills together they need to pay and once he has them we get a hearing if they don't agree to pay them.

Didn't know they might be changing voc rehab but it shows they are working harder to keep their job then find me anything. My lawyer shares the reports from them and they make it look like they are doing better then they are for sure. Most of the job lists they send me are not within my restrictions. And I don't mean even close. One this past week had listed you needed to be able to lift and move 50 pounds, my limit is 10 pounds. One was an assistant store manager for a large farm store. Now I've never even worked in any kind of retail or even an office, standing is limited to 30 mins in an 8 hour shift. I'm betting a store manager sits for lunch and maybe if he has to do some computer work. But other then that they are on their feet moving.
Other problem is they are not paying even my mileage for this voc rehab and we are around $2000 in just that.

Did your employer even look at making reasonable accommodation for you? Under the ADA rules they have to look into it
 
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#9
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#10
Well I've been at this since 2005. Don't think my lawyer can just tell me to stop the rehab unless I want my checks to stop. I asked when we started if we could just pick another company because I was thinking we could pick one if we wanted. I've now asked for us to change them since this one is doing no good. He say just keep doing what I'm doing. He told me I don't need to apply for any job outside my restrictions and if I do go in for an interview to show them a copy of my restriction right off so they know what they are dealing with. In this time I've had 3 phone calls and as soon as we start talking about restriction with them they always say I can't do the job and think me for applying.
They wanted to try retraining but the employer has said they will not spend a dime to do any retraining.
They are back to having me followed in hopes I will do something outside of my restriction but that is not happening. Heck the weather has been nice here and I don't even feel like getting out
 
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