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They won't let me work partial hours ?
#1
I started back last week and they had me riding a desk.

I was working on a 'project' that involved staring at a computer screen (ha, I can do that all day) and comparing prices against invoices. When that project was completed, then I would be moved into 'XXXXX' department.

That's great, but 'XXXXX' department has no one in it now. The last three employees in that department were let go because (a different city) is handling any issues with that department (I found that out from one of the former employees of that department).

So in a few weeks, I'd be moving into a department that doesn't exist at the facility I'm at... hmm...
Here's where I should note that my employer is self-insured...

As it stands now, I can make it through about half the day at the job, then I need to retreat to my pain pills and my bed. I spoke with the chiro doc, and they agreed that to work an entire shift right off the bat is too much.
The chiropractor wrote a note stating that the maximum I should work is X hours until xx/xx/xxxx (about three weeks away, when I see the specialist).

So the employer responded that I am to stay out of work until I'm 100%. Apparently X hours is not enough (even my attorney is scratching his head about that one). I guess if I can only work X hours, then the company only has to pay a percentage (?) and WC picks up the rest (?).
Seems that it would be better for the employer. If I'm working (in some capacity), at least they're getting something for thier money. I'm working for it.

PTP currently has me at TTD, but also notes restrictions that can be applied to LD.
IME stated LD restrictions (with weight limit maximum much higher than PTP).
ER had 'work available within LD restrictions', which was desk duty (and that's ok).
Difference in weight restrictions never came into play.

PTP has me at 100%. PTP also specifies that the type of job I was doing prior to my injury is not recommended in the future. PTP placed restrictions on me based on that pre-injury job description.
IME report reads pretty much the same way. The only difference being the maximum weight limit for lifting. ER then had 'LD available'.
At my attorney's suggestion, he told me to try to work the LD and see what happens...

As of now, I can manage to work more than half a shift, but not an entire shift.

Wouldn't it be beneficial (for the ER) to allow me to work the hours I can ?
Doesn't it make sense in the fact that the ER would be 'getting something for thier money' ?
Why pay 100% TTD if they don't have to (if an employee can work X hours per day vs. zero) ?


 
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#2
the idea that they will not provide or discuss job accommodation until you are released 100% is not legally correct if it's their standard behavior to those who are disabled.
ADA law requires a discussion and an open minded attempt at reasonable accommodation.
file a complaint with EEOC.
more on ADA
http://www.ada.gov/

http://www.prnewswire.com/news-releases/...64502.html

"According to one of the allegations in the lawsuit, filed in federal court in Pittsburgh, UPS maintains a policy, pattern and practice of requiring employees to provide a "full" or "100 percent" medical release, without restrictions, before permitting employees to return to work following a medical leave of absence. The lawsuit also charges that UPS refuses to meet in good faith with its disabled employees to determine the extent of their disabilities and what work the employees can perform at UPS within the limits of their work restrictions...."

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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#3
remember that TTD is still only 66% of your wages not 100% but it is untaxable. Not sure about your job but if your off they could be saving money in that you might have other benefits they don't have to pay like retirement. If they have to pay a % of your wages earned to a retirement then they would save that because TTD doesn't count. Could be other things like that they save on. Also not sure of where your at and your job but in most case an employees job is only protected for 12 weeks by FMLA so maybe they are headed toward cutting you loose. Your employers doesn't have to make a job for you within your restrictions. You said they were talking about moving you to a department with nobody in it so maybe that dried up. Wish you the best of luck it can be a tuff road
 
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