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Reasonable Accommodation and P&S
#1
Hello All, *CA.IW

New here, so please, if I am in the wrong forum, I apologize. First time on WC and it's been a nightmare. 2nd Attorney - no return calls/emails, timeframes expired and left in limbo - just as bad as 1st.

This is my nightmare; quite long and I thank you for taking the time to read. Any advice is greatly appreciated.

8/10/18. DOI Body Parta: Neck/Back/Rt Shoulder/R&L Knees/R&L Wrists
2/04/19 Placed on P&S by AME. WPI 45% Did not rate lower back or L-wrist.
3/23/19 Received Correspondence from WC - dept unable to accommodate and employee will remain off from 2/04/19 - 5/19/19.
4/01/19. Employer conducted Interactive Process (10-min at best).
Outcome: Could not accommodate restrictions by AME.
4/09/19 Received Recap of IP on 4/09/19, 445pm, from Supervisor stating Dept. able to accommodate restrictions w/exception of 10-min breaks every 50-min, employee will have to use personal time . *Same restrictions since 2/04. All of a sudden the Dept can comply, Correct me if I am wrong, I thought ALL RESTRICTIONS had to be met, no exceptions.

5/13/19 I sent email to Sup, WC, requesting status of returning to work - no reply
5/20/19 Repeat of above w/calls and left messages - no reply
5/31/19 Repeat of above - no reply
6/03/19 Finally a reply in am, received phone call from Supervisor, stating the Recap of 4/09/19 was the offer to return to work and no acceptance of offer, so placed on No Pay as of 4/09. Whaaat ??

Where on the recap is RTW offer indicated? Says once Dept can accommodate restrictions, therein lies the offer to return. I indicated there is no mention of any return to work offer, no date or time to report, no acceptance or rejection of such offer mentioned. Sup reiterates, as mentioned, once Dept can accommodate, that's the RTW offer, per Dept. Policy. So, since 4/09 was offer, I was to report to work at 445pm? I have requested written form of policy... waiting, waiting, waiting, waiting. Nothing.
6/03/19 2nd Memo stating to return to work 6/04/19 - I submitted PTP docs of 6/3 visit w/restrictions similar to AME, except 1-restriction: no "frequent" bending.
06/04/19 Reported to work. Locked out of Computer and per IT - status Employee on PAUSE - Wow!! Left mid-day, Pre-OP appts. surgery next week
6/05/19 Meeting held and Employer cannot accommodate PTP's 1- restriction of "frequent" bending. WC Sup states AME Restrictions supercede any/all PTP's. Since AME declared P&S, claim is now closed and these are new restrictions that cannot be combined w/closed?? WC claim. Now considered a disability and cannot get paid disability because it's related to WC claim. Frustrated, me? Nah! It gets better. LoL!!
Therefore, until "frequent" can be clarified, Dept is unable to accomm. and do not return to work 6.06.19 until restriction updated by PTP. - will continue to report as No Pay. This is the icing on the cake: Since RTW offer 4/9/19, time will be reported No Pay up until 6/03/19. LMAO!!
I have surgery scheduled for next week for work related injury. Since WC Sup says claim closed, I'm afraid this surgery will not be covered (although approved by IC).
I can make ends meet with TTD benefits but don't know if I should return to work?
I have not received any pay since 5/01/19, on verge of having car repo and eviction.

I believe Employer has violated a few LC and my rights as an IW.

As mentioned very long, sorry for the essay.
 
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Messages In This Thread
Reasonable Accommodation and P&S - Proud2bme - 06-06-2019, 10:20 AM

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