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Last week my Dr. put me on LIGHT DUTY at work, until he could do a test about my disabilities on my back(some kind of evaluation that lasts 4-5 hours) I can have no pain meds for twelve hours before testing. My question is how can they stop my checks when my job won't let me come back to work becase there is NO LIGHT DUTY????
Please tell us what state you live in, as WC rules are state specific.
I believe you are still due a weekly check , but not knowing your state , it could change things.
Hi Lilly And thanks. I'm from Alabama and I don't believe I've met the maximum recovery either! My workers comp nurse is supposed to be setting me up with a second surgical opinion but I still haven't heard anything from them!! But my checks have been cut off??? It makes no sense to me?
I do not think if you are not at MMI that they can stop your checks. You would know if you are at MMI and if noone told you that, you should contact your adjuster and see why checks have been stopped if you have no lawyer.
If your work cannot accomodate you on light duty, you should be able to go to vocational rehab to find another type of job you can do. What test are you going for that you cannot take meds for 12 hours? A functional evaluation test?
If You don't have Counsel, it May be Time to look for One. The First Consultation with an Attorney that Specializes in w/c is usually Free, and You can receive a lot of Info. from that First Visit. If You are not Eligible for Monetary Payments any longer, (I'm not Sure of Your States Laws), You May be Eligible for Unemployment. You can View Some of Your States Laws by Looking at the Top of this Main Page, and going to the Info. By State Tab. Best of Luck, and I Hope You take the Time to Speak with an Attorney!!
According to Alabama law, If the employer does not have light duty, the injured worker will receive benefits until he reaches MMI or until the employer can accommodate restrictions and possibly return the injured worker in a light duty capacity. If in the light duty capacity, the injured worker received post injury earnings less than pre-injury earnings, the injured worker will receive 66 2/3% of the difference between post injury earnings and pre-injury earnings, subject to the state maximum. Here is the statute: http://www.workerscompensation.com/regul...3311&title=
Contact your adjuster and let them know that you tried to go back to work and the employer does not have light duty. The adjuster may not be aware.
As the others have said, an attorney consult usually doesn't cost anything but you might want to check with the adjuster first to make sure it's not just a miscommunication. If its not and they are denying the benefits, by all means, contact an attorney. Plus talking to them first will give you insight as to why they might be stopping payments. It will help the attorney know what's going on.
Thanks to everyone who took the time to help me understand this situation better!! I took a functional evaluation test last week should know results next week!! Again Thanks to All Of You!!!!!!
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
yellow44 Wrote:Last week my Dr. put me on LIGHT DUTY at work, until he could do a test about my disabilities on my back(some kind of evaluation that lasts 4-5 hours) I can have no pain meds for twelve hours before testing. My question is how can they stop my checks when my job won't let me come back to work becase there is NO LIGHT DUTY????
Even if you reach MMI do not let them stop your checks for #1 they must follow proper procedures in doing so by sending the paper work to the commission and you. If they do not do this call your lawyer. But i did call my lawyer when it happened and his attitude was like well they can do that. I was like o so they don't have to follow the law. That is BS and if your lawyer don't help contact the attorney general or the Workers compensation commission. THEY HAVE TO FOLLOW THE LAWS. Lawyers are light on them because they may be there next case. The whole workers compensation program in Maryland is set it to protect the Employer and the state is so Liberal that to get a fair hearing is more of like hitting the lotto. But just as i have not gave in to the Insurance company or the liberal judges and lawyers keep fighting we all have to fight for are rights because no one else will. If your work refuses light duty they still have to pay you.