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Out of work by doctor, back to work by insurance?
#1
I was put on workmans comp in pennsylvania when I was injured at work. I was sent to my companies doctor which put me on restricted working. After a week or two of my job not following the restrictions, the doctor put me out of work. So Ive been out of work for approx 1 month. I was supposedly diagnosed with a groin pull. It happened july 30th. Now its sept 29th and its still bad. Well this past monday the doctor said I could go to work but he didnt want me lifting over 5 pounds. But my work obviously doesnt have work for me since they didnt follow the rules before. But the doctor sent me to a specialist/surgeon because they cant figure out the problem. The surgeon thinks I have a pinched nerve in my back, because I have been having lower back pain and groin pain. The specialist recommended that I DO NOT RETURN to work. But now Im arguing with the first doctors office and the insurance company that pays my workmans comp. The ins. comp. and the first doctor said I can go to work because the first doctor said I could return with restrictions. But the specialist told me not to return to work because my injury will not get better, and they need to do more testing to see what the problem is. So I have not yet went back to work. What are the legal limits here? DO I have to listen to the insurance lady and go back to work over the specialist doctors orders? I would think whatever the doctor says goes? Sorry for the long post, but Im not getting any help from my employer, their doctor, or the insurance company. And help would be greatly appreciated.
 
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#2
It is a tough spot to be in. However, if you do not go to work. Then you don't get paid. I would go to work and only work with-in the restrictions. I spent a ew months at work with a list of restrictions. I did nothing but sit at a desk and surf the net. When they aked or told me to do something else. I would remind them that is was not with-in my restrictions. I knew at anytime they could fire me, but my well being is worth more than any job.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#3
they have evidence that you are not disabled.
you have evidence you are.
legal limits are the comp court decides.
no you don't have to go back to work but they also don't have to pay you.
when there is a dispute either party can ask the comp court to rule.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
It is a bad spot to be in but if you don't go in they are not going to pay you until the court decides. Most of the time it is best to go in but do not do anything outside your restrictions and if what you are doing cause more pain go see the doctor and let him know. Work can have their doctor say you can go to work even if yours says no, that is why they have a court system. Good luck
 
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#5
Manley2 Wrote:It is a bad spot to be in but if you don't go in they are not going to pay you until the court decides. Most of the time it is best to go in but do not do anything outside your restrictions and if what you are doing cause more pain go see the doctor and let him know. Work can have their doctor say you can go to work even if yours says no, that is why they have a court system. Good luck

thats where im confused, the doctor that my work sent me to is the doctor that refered me to his specific specialist. And that specialist told me NOT to go to work. So that being said, do I still need to go to work even though the specialist told me not to? And also, when I was on restrictive duty a little while back, my company did not follow the restrictions. So thats when their doctor put me out of work. I believe my company didnt have work for me within the doctors restrictions. But my boss just wants me back to work so he will say he has work for me when in reality he doesnt. But in the end, the specialist, which I did not pick, my works doctor picked the specialist, he told me not to return to work. So that being said, am I supposed to be at work or no because I was advised not to be? And will I get paid if I follow the specialists instructions to stay home from work?
 
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#6
woptang22 Wrote:
Manley2 Wrote:It is a bad spot to be in but if you don't go in they are not going to pay you until the court decides. Most of the time it is best to go in but do not do anything outside your restrictions and if what you are doing cause more pain go see the doctor and let him know. Work can have their doctor say you can go to work even if yours says no, that is why they have a court system. Good luck

thats where im confused, the doctor that my work sent me to is the doctor that refered me to his specific specialist. And that specialist told me NOT to go to work. So that being said, do I still need to go to work even though the specialist told me not to? And also, when I was on restrictive duty a little while back, my company did not follow the restrictions. So thats when their doctor put me out of work. I believe my company didnt have work for me within the doctors restrictions. But my boss just wants me back to work so he will say he has work for me when in reality he doesnt. But in the end, the specialist, which I did not pick, my works doctor picked the specialist, he told me not to return to work. So that being said, am I supposed to be at work or no because I was advised not to be? And will I get paid if I follow the specialists instructions to stay home from work?


I have been refered many times for different consults from my main injury dr. Which all have said not to return to work, in your case it may be different because you were released with restrictions. The specialist should be sending his results to your treating dr which should include in his notes not to return to work. I would be calling your dr to see if he got these notes and ask him to rewrite your work slip. But until then you are required to work upon the original restrictions and may be fired if you dont.. Be proactive and make some calls to your dr's about your situation, because it could lead to a court hearing and could take up time with no income while you wait......Just my thoughts.
 
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#7
It's a tuff place to be in because they can decide not to pay you for almost no reason and wait until the court tell them other wise. The biggest thing you can do is just what bronco said, call the doctor and makes sure he is up to date on what is going on. Work is real good sometime saying they have work and then wanting you to do more. Best thing you can do here if you have to go to work is follow those restrictions the doctor puts on you. Never go above those or they can say you are not following them. It's sad we get treated this way. Remember also even if the WC system rules in your favor they can appeal it. In my case I won every hearing they had on me but it still took forever to get any money. They appealed everytime and took there sweet time payinig. From first hearing until I got my WC pay started was 15 months. I don't want to tell you to give in to them at all just remember nothing in the WC system works very fast
 
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#8
thank you everyone for all the advice. I just spoke to my supervisor and to my employeers insurance company. I was told to return back to work on monday under restrictions. And the insurance company is going to pay me up until monday when I return to work, so I will NOT be missing any pay. Although the specialist told me not to return to work, I will go on monday under my restrictions just so no issues are caused by me not going to work. But I return to work at 7:30 am then I have my doctors appoinment at 8:30 am so when I get to see him I will then see what the specialist put in his notes and see what the doctor has to say. I contacted my employeers doctor but they hadnt yet received the specialists records and notes. And when I call they never let me speak to the doctor that treats me, and the nurses are rude and rush me off the phone and tell me I have to go back to work under restrictions. So talking to them gets me nowhere. Its ashame.
 
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#9
Well good luck and follow your restrictions. One thing I can think of is if this is the first time they have paid you to be off work they may not pay you for the first 3 days you were off.
 
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#10
Manley2 Wrote:Well good luck and follow your restrictions. One thing I can think of is if this is the first time they have paid you to be off work they may not pay you for the first 3 days you were off.

well the insurance company owes me all of last week and this week, so in total she owes me 2 weeks pay. After I talked to my job and confirmed I would be there monday, I called the insurance lady and I asked about my pay from her. She told me she owes me last week and I will get paid all the way until monday the 4th when I return to work. So as far as she has said, I wont be missing any pay at all. Im just a little upset about the confusion with the doctors. I would think the specialists word goes over the insurance company or the other doctor. Yet they are going by my jobs doctors word. But oh well I will go back to work and follow the guidlines. If they dont want to follow them I will contact the insurance company. I am not going to risk my health for inconsiderate people at my job.
 
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