?'s about returning to work PPD'd & Voc. rehab

[Frustrated2]

We live in Nevada and I've been searching the statutes/rules but still can't find the answers I need. Hopefully someone here can help me.

When my husband was on light duty (before MMI) he had a discussion with his employer & supervisor and they all agreed that when he was at MMI it would be best to part ways since he would not be able to return to his previous job. Well now he is stable/ratable and they changed their mind about letting him go because if they do they would have to pay voc rehab. So now they are 'creating' a new positon for him. They made a point to tell him also that if he doesn't accept it that they will hire someone for the postion. So here are my questions...

1) According to what he's been told, they can pay him whatever is appropriate for the position regardless of what he was making in his old position. Also the position can be whatever they dream up as long as it meets his restrictions. It just doesn't seem right that he could go from a const. superintendent to an office worker when he has little or no experience in that field. He's 33 and we have 2 kids and there is no way we can make it on less than half of his previous salary. I thought the whole point was to replace his career not just get him into any job. If that was the case then he could just go to McD's. (no offense)

2) I know there is a rule that says the new job can't be demeaning etc. but is there anything pertaining to the job enviroment? Since this has happened people won't look him in the eye, nobody talks to him, etc. He feels like an outcast.

3) If he does take the new position can he request/demand computer training or formal training ilo someone just showing him? Also, they are in a 2 story building with one elevator that rarely works can he request/demand that they get it fixed so it works at least 1/2 the time? (his injury was to his leg/foot so he's not able to climb stairs very well)
They knew we were planning to move when his employment ended so now they are giving him a position thinking that he will have to quit and they would get out of voc rehab and wash their hands of him. Not to be vindictive but would like to tell them to fix this, do that and get training for that when he gets the job offer. Maybe it won't be worth the hassle for them.

4) What decisions can he appeal now? Can he appeal the job, or his right to voc rehab?

5) When he was hired by this company he was offered a salary, company truck, and gas for the truck. The way I see it is that the truck and gas are income. Had they not offered one or both then his salary would have been more to compensate for it, so why can he not be compensated for it now? Now he is getting 80% of his salary and has to pay for gas and use his own vehicle. To me it's like paying for it twice.

Sorry this is so long but thanks for any help and advice!!

[AQA]

I can understand the fustration. Unfortunately I am unfamiliare with the laws in you state. Someone will be along to answere the questions or to just give some advise. Have you checked the "state info tab" at the top of this page????? It has some state info.

Take Care

[Bad Boy Bad Boy]

The answer is work is work. It's the same as Voc Rehab, only quicker. What ever they pay him is fine. If it doesn't equal 80% of his net pay when injured, then the Insurance arrier makes up the difference in pay. As for any training and such, first he has to meet the standards of the job offer. As for the elevator, he would need the doctor to note his walking, climbing stairs restrictions as to what he can and can't do.

This isn't much of a Work Comp issue, as it is an employment issue. Yet, both play a part in the working issues.

[Frustrated2]

Badboy-
I thought the 80% pay was only while on WC? What about after when the case is closed and he gets his PPD? I thought the insurance company was done after that? Thanks!

[Bad Boy Bad Boy]

It gets applied into the settlement terms.

[sparkey]

First off he does not still have to work there. He can make his own decision and find a job that he would like to do within his restrictions. I had to change my job due to my hand and not being able to be a phlebotomist anymore. I am now in the construction buisness. I am an admin for the company. I do not like the job at all but it pays me 8.00 more than what I had before I got injured. I just happened to get lucky with my husband getting me the job within the company.

BB is right. They should have to pay the difference from the 80% if it is not what he was making before. As far as the elevator, the elevator should be repaired as it is discrimitive towards handicap people being able to work, by not having it working. What if someone was in a wheelchair? I would think someone needs to address that right away. Who ever is responsible for the building. I wish him luck and I know how it feels to have to leave a job you love so much. The company where I got injured wanted me to just sit behind a desk and monitor a waiting room to see how long patients waited to see the doctor. It was very degrading to me to sit there and do something like that. I sure hope he finds something he likes to do, or at least have the company pay for him to go to vocational schooling.

[Lilly]

Have your MD re-write the off work slip to include NO CLIMBING Stairs! I bet they'll get the elevator fixed promptly.

Lilly