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Screw job in process by employer... - cherokeegal - 12-10-2012

W/C woman at employer called me today and said that my restrictions fit within my job and I am to go back to it. I don't know how! I am a nurse's aide in a hospital. The restrictions say I am supposed to sit continuously for an 8 hr shift, or only walk/stand a max of 6 hours with "rests". I was told by the PT who did my FCE that I would need to elevate and ice my knee frequently during the shift. The hospital says that my 30 minute lunch break and the two 15 minute breaks (which I never got) will cover that.

Taking the time on my feet out of the equations, it says that I am "NEVER" supposed to lift, carry, push or pull more than 50 pounds. That means that I can't push a wheelchair with a patient in it, pull a patient up in bed, or to help transfer him/her to bed or chair. Or assist them with walking, or bathe and turn an incapacitated patient. The only thing left for me to do is vital signs and passing ice!

What do they expect me to do for an 8 hour shift?
I'm smart enough to know that this is just to cap the settlement, and probably to get me back to find a reason to fire me.

I called my nurse manager as instructed, to be put back on the schedule, but she didn't answer her phone...she never does. I emailed her making all my points. I asked for something in writing stating what jobs that I can do that fall within my restrictions.


RE: Screw job in process by employer... - 1171 - 12-10-2012

(12-10-2012, 09:45 PM)cherokeegal Wrote: W/C woman at employer called me today and said that my restrictions fit within my job and I am to go back to it. I don't know how! I am a nurse's aide in a hospital. The restrictions say I am supposed to sit continuously for an 8 hr shift, or only walk/stand a max of 6 hours with "rests". I was told by the PT who did my FCE that I would need to elevate and ice my knee frequently during the shift. The hospital says that my 30 minute lunch break and the two 15 minute breaks (which I never got) will cover that.

Taking the time on my feet out of the equations, it says that I am "NEVER" supposed to lift, carry, push or pull more than 50 pounds. That means that I can't push a wheelchair with a patient in it, pull a patient up in bed, or to help transfer him/her to bed or chair. Or assist them with walking, or bathe and turn an incapacitated patient. The only thing left for me to do is vital signs and passing ice!

What do they expect me to do for an 8 hour shift?
I'm smart enough to know that this is just to cap the settlement, and probably to get me back to find a reason to fire me.

I called my nurse manager as instructed, to be put back on the schedule, but she didn't answer her phone...she never does. I emailed her making all my points. I asked for something in writing stating what jobs that I can do that fall within my restrictions.
Get a clarification from the doctor--with specific times
Therapist cannot give disability restrictions
You do whatever menial jobs they are willing to pay for.
And smile all the while.




RE: Screw job in process by employer... - cherokeegal - 12-11-2012

(12-10-2012, 11:17 PM)1171 Wrote: Get a clarification from the doctor--with specific times
Therapist cannot give disability restrictions
You do whatever menial jobs they are willing to pay for.
And smile all the while.

I've got a call in to the surgeon's office around 3 yesterday...nobody answers phones anymore...it's all voicemail! Grrr.....

I'm very willing to work a shift doing the few little things I can do, if they'll pay me to do so. Do you think it's wise to ask for something in writing from the employer, acknowledging that I can't do the specific duties my job requires due to my restrictions? According to the WC chick, and according to her, HR, I can return to the job and do it in its entirety. She didn't say "come in and do what you can" she said "come back to your job". There is absolutely no way that I can do the majority of the job and follow my permanent restrictions.




RE: Screw job in process by employer... - cherokeegal - 12-11-2012

I just got a call from my immediate supervisor. She read me my restrictions and said that I am allowed to lift/carry/push/pull over 50 lbs occasionally. I told her no, absolutely not, the actual paper that I was given by my surgeon says "NEVER" for that. I have a meeting with her later today where I am to take my paper in for her to look at for proof.


RE: Screw job in process by employer... - 1171 - 12-11-2012

you can ask but what do you when they don't provide one and what's the attitude and relationship afterwards.
i'm not sure it improves.

it is a burden for employers to provide modified work; especially smaller employers.
most states struggle to implement modified work incentives even though it has be shown to significantly reduce employer costs and financial disaster for the worker.


RE: Screw job in process by employer... - hurt back - 12-11-2012

delete please thanks billy




RE: Screw job in process by employer... - Speedyro1970 - 12-11-2012

Hello all, I have a question my attorney contacted me today and said we have a hearing date coming up soon to discuss aww and other issues this is my first hearing I'm 6 months in from date of accident, any one know what to expect ow I'm in new york and I needed neck surgery but decided to wait and try other treatment shoulder injury MRI show arthritis sat in


RE: Screw job in process by employer... - cherokeegal - 12-11-2012

The meeting with my immediate supervisor this afternoon turned into an ambush by her, the Workers Comp chick, and some chick I'd never met before who was the Vice President of Somethingorother. I gave them a copy of the restrictions paper I'd been given by the surgeon, and they still insisted that it fell within the job description of a nurses aide and I had to come back to that job. Which, by the way, has now become a 12 hour shift instead of the 8 hour shift I accepted when I took the job. My immediate supervisor kept interjecting "or you could just resign" several times. I told them what the nurse at my surgeon's office had told me--that they make a detailed list of any activity that I would be expected to perform at work and send it to my doc, who would mark each individual item if I could do it or not. They refused. They will send him the generic job description that says "general patient care duties" and have him look at it. They have several positions vacant and advertised for that would enable me to sit most if not all of the shift,but they refuse to allow me to transfer to one of them. I do not want to resign, because I want to be able to draw UI until I find something else. They can fire me if they wish, I don't care.


RE: Screw job in process by employer... - Stormy - 12-12-2012

I feel for you. I'm in that exact same positon. The problem is your employer is trying to protect themselves instead of doing what they know is right. More than likely they are like my employer who refuses to consult their own attorney about this matter and instead mistakenly listen to the WC attorney because they simply can't get it through their heads that he works for the insurance company and NOT THEM and no matter how many times you explain that they just don't get it. You can lead them to water but you can't make them drink. Once you have tried working with them to the point where your conscience is clear no matter the outcome then just go back to work and do what your doctor said and if they fire you and end up having to pay you a settlement instead of WC then so be it.




RE: Screw job in process by employer... - hurt back - 12-12-2012

delete please thanks billy