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How do I lift my permanent restrictions?
#1
I live in Indiana and had a spinal fusion of my L5 S1 in October 2011. I have since settled and been released by workers comp. The doctor put me on permanent restrictions. I am in college now and have an offer to start a new job as a CNC programmer in January. The employer told me I had to get my restrictions lifted to start there. I have no problem with that. My goal is to get my degree and start working. I am only 29 and want to have a career. How can I get my restrictions lifted so I can move on with my life and start my career?
 
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#2
The doctor that gave you that restriction can review and change it. But if you have settled with a permanent restriction you might want to be careful how that could change things. If you just settled and you get them to remove that and WC finds out they could go after your settlement. Now this is just me thinking here, I could be completely wrong. Somebody that has a better idea will give you a better answer. But I know there have been cases where people have settled then WC takes them to court because they where not as bad as they claimed in the settlement. Maybe I'm running on but it's just me thinking outload
 
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#3
It's been almost a year since I was released from medical care. I thought the doctor had said that I could contact him about changing them at some point, but its been so long that I can't remember what he said exactly. I thought that once it was settled, that was it, we were done with anything about workers comp. I really just want to put this nightmare behind me and move on. The way the system works is ridiculous, how is anybody suppose to go back to gainful employment? And the amount you get for settling is pennies compared to how it changed my life forever considering I'm only 29.
 
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#4
(11-12-2012, 04:15 PM)brentmarcy Wrote: It's been almost a year since I was released from medical care. I thought the doctor had said that I could contact him about changing them at some point, but its been so long that I can't remember what he said exactly. I thought that once it was settled, that was it, we were done with anything about workers comp. I really just want to put this nightmare behind me and move on. The way the system works is ridiculous, how is anybody suppose to go back to gainful employment? And the amount you get for settling is pennies compared to how it changed my life forever considering I'm only 29.

if your "permanent" restrictions lasted less then a year, the prior employer will think they were cheated and might start yelling fraud.
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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#5
How would the prior employer be cheated? Nothing about my injury has affected their business. The insurance paid for all the medical bills, which is what they have insurance for. Am I expected to just give up and be on disability now because of an injury that was their fault? That is not what I want. I am working toward earning my degree and starting a career. I should have that right if I choose to do so.
 
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#6
You have the right to try your career. We are just saying if it's only been a year and your settlement was based on a permanent restriction that was not permanent then they could call it fraud. Not only could they get the settlement money back they could try to get the medical bills back as well. We are not trying to be hard on you only warn you of what could happen. Does that make since?
Wanted to add something. I don't know your injury or your doctor but becareful. If he gave you a restriction he should have only done so to protect you from being injured any further. Not sure how you settled on any future medical care for your injury but if you don't follow your restrictions and you get injuried at this new job, and they find out what is going on you maybe on the hook for those bills. If you had a back surgery you know how much that can cost. It does suck and trust me I know what you are talking about. I was injuried 7 years ago now and still not settled. My live has changed forever and it sucks. Work is one thing but I can't even do things in my personnal live I would LOVE to do. You have to do what you can and live the best you can. We just want you to understand it better so you don't have any more pain then you have to have. Back pain or wallet pain.
 
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#7
Yes that does make sense, I'm not trying to sound so harsh, I'm just so fed up with this whole mess. I almost wish I had never reported the injury for workers comp. I was forced into all the treatment and my surgery, which made it feel worse instead of better. All I want to do is try to move past this injury and continue my life, and I feel like I'm still trapped by them. And believe me, there are many things that I cannot enjoy personally anymore, I was hoping that I could at least take control of my professional life. I know the restrictions were put in place for a reason, but for my new career, I would not be going over those anyway. It's all programming, not actually lifting or anything. My new employment offer just told me that their liability insurance would not allow me to work there without the restrictions lifted. It is a great job, and a great start to the path I want to take. I just really want to be able to start and not have to pass on this opportunity because of this stupid workers comp mess.
 
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#8
unless the job requirements conflict with your restrictions it sounds like disability discrimination to me.
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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#9
Are they allowed to say they can't hire me because their liability insurance won't allow it? It's a small privately owned company and the person that is hiring me is the owner of the company. Also, Indiana is an at will state and I think that means they really don't have to have a reason.
 
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#10
they can say whatever they want. it's what they do that counts.
it's a bogus excuse; they just made it up.
you can tell because if you ask for an explanation in writing you absolutely will not get it.

wrong. that is not what "at will" means.
neither the worker nor the employer have to provide a reason for terminating the employment.
but they do not have a blank check to violate federal and state labor laws.
ADA says they cannot discriminate in hiring for those with disability.
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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