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AME permanent and stationary report and work restrictions
#1
I was deemed permanent and stationary by an AME. Unbeknownst to me, within his report he gave me a driving restriction of "short periods". My employer asked for specifics. He said that this meant after driving more than 30 minutes I should take a 10 minute break with a maximum driving three hours a day. At the end of the report he said if I continue to improve I could self assess and called it a "subjective restriction".
I had been back at work at full duty(meaning driving without restriction) for a number of months before this report was done (my actual attending physician had taken away all need for modifications).
My workers compensation case was settled during the course of a civil suit. This was done because of the lien involved. I have lifetime medical.

A week after the case was settled my employer's HR rep and my supervisor called me in and put me off of work due to the doctor's restriction. This meeting was the first time the restriction was discussed with me.I was told they could not accept the part that said it was a "subjective restriction".During my layoff,I was able to get the AME to rewrite the restriction to allow me to for an hour with a 10 minute break. Even though he wrote I could self monitor and loosen this, in this report the employer accepted it and I returned to work. Since I had run out of temporary disability the employer did not pay me for the time I was off and I had to use my leave balances.

How binding was the AME's restriction since it contradicted my worker's compensation Dr.who had me working without restriction? is the permanent and stationary report( which I understand is about the rate that will be paid by the employers insurance because of my injury)binding as far as my restricted work duties? by the time my employer got the information they wanted on my restriction,a number of months have passed and I was much better...
 
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#2
any physicians work restrictions are limited to use for workers comp benefit determination; it is not required that they be used for other purposes.
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
(11-11-2011, 01:14 PM)1171 Wrote: any physicians work restrictions are limited to use for workers comp benefit determination; it is not required that they be used for other purposes.

That is huge! I have a grievance concerning this. Do you know where I can find this "officially " so I can use it as evidence. THANK YOU SO MUCH
 
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#4
the law doesn't state how AME opinions are not to be used.
the AME role is unique to the work comp system as a means to reduce litigation over disputed medical.
in other arenas disputed medical opinions are often resolved thru litigation as either party develops their own medical evidence over a particular issue.
Fact sheet E has some information on the use of AMEs
http://www.dir.ca.gov/dwc/iwguides.html
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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