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Can an IME release me for work?
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03-29-2009, 10:11 PM
(This post was last modified: 03-29-2009 10:14 PM by not2tuff.)
Post: #1
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My doctor has me off until April 19th, and won't bend. the IME I saw told me one thing, then reported another - says I can start light duty tomorrow. Employer is expecting me there, but am sleepy, sick at stomach from the pills, in pain still, and have "significant" swelling. My doctor has not released me to drive, and my husband is permanently disabled, in bed sometimes for days. It's not that I don't want to go back to work, but my care plan says not to, and my physical therapist agrees it is too early - is worried about long term damage and slowing the progress down by returning to work.. What should I do from here? Can they fire me for going with my doctor's care plan instead of the IMe? I live in kentucky.
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03-29-2009, 11:33 PM
Post: #2
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RE: Can an IME release me for work?
Not sure what your laws are in kentuckey ,but in NY , he who has the last Dr report in wins at most hearings. Get a current report from your Dr stating his opinion and restrictions after every IME exam and have him file with it with Comp and let your attorney know. This is a website for your states specifics. Also see your states homepage for more info. Good Luck http://www.workerscompensation.com/regul...ategory=EE
7 Yr survivor of the NY State workers compensation system |
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03-30-2009, 12:50 AM
(This post was last modified: 03-30-2009 12:51 AM by 1171.)
Post: #3
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RE: Can an IME release me for work?
yes that's why they are used. any doctor's opinion constitutes substantial evidence.
FMLA gives you 12 weeks of job protection. |
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