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Crippled in Kentucky
#1
Any input or advice would be greatly appreciated. I was injured the day before Thanksgiving of 2012 while at work, where I suffered a partial tear to my left achilles tendon. I was told by two doctors that it was only a sprain and stayed off work for 5 days. I returned to work at the request of my employer and continued to work in pain for the next 7 months. I requested an MRI in May and it showed the tear. I was placed off work for 5 weeks by my doctor and started physical therapy. I was promised that my position would be there when I returned. Upon returning to work, my boss's 1st cousin had taken my position and I was placed on a much more labor intensive job. I was expecting to return to my old position, as promised, so the doctor had fully released me to work. After working the new job for 4 weeks I was then placed on a much more physically strenuous job on the promise that I would only have to it for one week while they hired a new employee. At the end of that week I was informed that I would have to continue to do the harder job because I had to miss 2 hrs of work each week to attend physical therapy. I informed my employer that the job was crippling me and I was not physically capable of doing it for that long. She told me that I would need a doctors excuse to be placed on light duty and I promptly got one for her. I feel like my employer is trying to work me beyond my capabilities because they now that I am in pain and can not physically do the work. Its like they have a personal vendetta against me because I got hurt at work and file a w/c claim against them. They are trying to make me quit and I don't know what to do. I absolutely will not quit, what they are doing to me is wrong. Any advice or input would be greatly appreciated.
 
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#2
your best ally is your doctor.
remember the restrictions are yours not your employers.
if at any time they do not have work within the restrictions, take the time off and alert the carrier to restart disability payments until they have the correct modified work.
your employer is not required to make a job for you or keep you on the payroll. if the employment is covered by FMLA, you have 12 weeks of job protection.
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
My work tried that when I came back after being off they wanted to put me on another job. My boss was gone the day I came back but the guy filling in sent me to the other position. Told the guys there what my restrictions were which meant there was nothing I could do but sit and watch them work. Next day when my boss was back he sent me to a rehab department they had where I sat for a year and a half doing nothing before they decided they didn't have anything for me and sent me home. They love to give us a hard time once we turn in a claim. One mistake people make sometimes is getting the doctor to give them a full release thinking they will go back to their old job and can make it doing that. They might not come right out and tell you but once injured the last thing they want is for you to work for them. They just want you to give up and go away. If you do get a doctor to put you back on restrictions be careful not to do anything those restrictions say you can't. Work is real good about doing that. They will try allot of different things to get you to mess up so they can use this to try and say you are faking it and cut you off
 
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#4
I returned to work this morning on light duty, as designated by my doctor and my employer promptly sent me home and said that they had no light duty work for me to do. They said that I could draw w/c until a settlement was reached. Before sending me home my boss asked me if I wanted to work, in my opinion, this was attempt for her to be able to say that I quit. I told her that I had a wife and 2 kids at home that were depending on me and that I needed to earn a paycheck. She is supposed to call my doctor and get back to me on exactly what my restrictions are while on light duty. I don't feel that I will work another day for this outfit and I was wondering if there are any new things that I should be aware of after this new development?
 
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#5
you should look into vocational rehabilitation.
see page 27 of the guidebook
http://www.labor.ky.gov/workersclaims/Pu...debook.pdf
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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#6
I saw my doctor today. He informed me that he was releasing me as his patient because workers comp told him that they would no longer pay for treatment. They sent him an MMI form and he told me not to come back. What do I do? Is this legal? I'm in Kentucky.
 
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#7
it's just as legal as the woker that begs the doctor to keep them on disability a few more weeks when the doctor keeps trying to release them; both sides squeeze the doctor.
since your doctor rolled over and agreed with the carrier that you don't need treatment you'll need a medical opinion that you are not MMI and will benefit from additional treatment berfore you can be successful with an appeal.
request a second opinion.
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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#8
I was not that worker that tried to squeeze a few more weeks. I went back to work twice after telling the doctor that I was okay and worked as long as my pain would allow. The first time I saw him he told me that it would take 9-12 months of physical therapy to reach MMI and that we wouldn't notice much difference for 8-10 weeks. After 6 weeks of therapy and a letter from my carrier, he now says that I have reached MMI and released me as a patient. I don't understand a lot of this but I do know that the therapy was helping me and I can tell a difference in my pain level since stopping therapy 4 weeks ago. Thanks for the reply and I will be seeking a second opinion. My doctor basically encouraged it and said he would refer me to someone else. Should I be able to choose the doctor for the second opinion or how does that work?
 
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#9
yes, the worker has a one time option to change the designated physician.
inform the carrier in writing that you want to change and give them the name.
more on Kentucky work comp rules here:
http://www.labor.ky.gov/workersclaims/Pu...debook.pdf
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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#10
(09-06-2013, 11:40 AM)not4you25 Wrote: I was not that worker that tried to squeeze a few more weeks. I went back to work twice after telling the doctor that I was okay and worked as long as my pain would allow. The first time I saw him he told me that it would take 9-12 months of physical therapy to reach MMI and that we wouldn't notice much difference for 8-10 weeks. After 6 weeks of therapy and a letter from my carrier, he now says that I have reached MMI and released me as a patient. I don't understand a lot of this but I do know that the therapy was helping me and I can tell a difference in my pain level since stopping therapy 4 weeks ago. Thanks for the reply and I will be seeking a second opinion. My doctor basically encouraged it and said he would refer me to someone else. Should I be able to choose the doctor for the second opinion or how does that work?

One thing to keep in mind, if it was your treating dr and he refers you it does not always count as your 1 time ( second opinion ). If it was his reconmandation . But the only problem is if he already placed you at mmi it could cause problems.. Just because he placed you at mmi is not the end of the world, has anyone given you perm restrictions..? Has there been a impairment rating done...?
.
 
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