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TN Fired after WC claim, Quit light duty job after Surgery - Printable Version

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TN Fired after WC claim, Quit light duty job after Surgery - Tango - 03-26-2015

Injured my shoulder in 2014, I didn't know how serious the injury was but I knew it was serious enough I wouldn't be able to return to the labor intensive job I was working when Injured.

Another company offered me a job the very next day, considerably lower pay but a desk job. I accepted, and continued with WC Claim. Company I worked for when Injured fired me shortly afterwards.

My question is this, I had surgery the first of this year on my shoulder, and have been unable to return to the other job I accepted. The paper work says I quit, when in reality I didn't quit, I wasn't released from the DR, and was unable to go back.

Will WC quit paying now? Do I need to try and get the previous employer to say the fired me instead of that I quit?

I appreciate the input.


RE: TN Fired after WC claim, Quit light duty job after Surgery - 1171 - 03-26-2015

if your original employer has work for you within your restrictions, disability is not owed regardless of you new employment.
if they make that argument, you might be able to fight it by showing they fired you and therefore cannot provide modified work.
you don't have to get them to say anything; you just have to have evidence of the firing.


RE: TN Fired after WC claim, Quit light duty job after Surgery - Tango - 03-27-2015

The original employer fired me a few days after I filed the work comp claim. I wasn't aware of how serious this injury was, so I accepted this other job. And although in pain, managed to tough it out.

Since this surgery, its awhole new ball game. Worse pain, less use of my arm etc. I haven't been able to return to work since the surgery, on their paperwork it says I quit, which I didn't. I was in contact with them through out the recovery, and told them I wasn't sure when I would be able to come back. They told me they were replacing me.


RE: TN Fired after WC claim, Quit light duty job after Surgery - 1171 - 03-27-2015

your disability payments should continue. if they are stopped you can appeal to the comp court.