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simple question-simple answer
#1
The place is Washington.
Diagnostic was tendonitis right wrist. (01/13)
When back to work with medical restrictions,no more than 5 pounds.
The ONLY restriction is/was no more than 5 pounds.
While I was working,employer deny me to work overtime cause I was under "LIGHT DUTY PROGRAM POLICY".
All my co-workers were working 10-12 hours everyday.
My injury is temporary.
Is this treat legal???

 
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#2
maybe.
it depends on why you were not given overtime.
if you can show that it was retaliation for filing a claim then you may have a case for discrimination.
more here
http://www.lni.wa.gov/WorkplaceRights/ComplainDiscrim/
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
Mr 1171,thank you very much for respond,the first excuse for not giving me overtime was because they want me to get full and fast recovery,then the second excuse was because I was under 'light duty program",company's policy.
I checked with A.D.A,but they only protect permanents disable.
Then I checked with WA Human Rights Commission and this agency protect temporary and permanent disable.
Remember,I said that my only restriction was no more than 5 pounds,the doctor never restrict me hours of work.
The next sentence it was copied and pasted from WA Human Rights Commission web-site....

"Someone with a disability should also get all of the other benefits other people get"
 
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#4
were you working overtime prior to the injury?
it's not up to the employer to decide what type of restrictions are required for light work.
it would help if your physician indicated that you have no limitation on hours worked.

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
Yes...
-I was working overtime prior to my accident.
-The doctor never restricted the working hours,but in the last visit,the doctor was more specific on the medical report..."ok for overtime"
 
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#6
you should have strong evidence for a claim of employer retaliation/discrimination.
you might be able to get temporary partial disability on the partial earnings loss.
contact the carrier.
if the employer is going to reduce your wages, then they need to pay some disability-they can hit you with one or the other --but not take away both loss of wages and loss of 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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#7
.....oh and also after the accident I worked few days overtime and then they deny it......thank you for your opinion and help Mr 1171,the case is on WA Human Rights Commission and E.E.O.C already,I just signed the charge,now waiting...wish me luck bro!!!
 
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#8
@ Mr 1171 and whoever,please follow this link,its very interesting... http://www.safetynewsalert.com/court-say...ight-duty/
 
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#9
(09-18-2013, 06:54 PM)Justice-in-corrupted-system Wrote: @ Mr 1171 and whoever,please follow this link,its very interesting... http://www.safetynewsalert.com/court-say...ight-duty/

yes blanket policies are trumped by federal reasonable accommodation requirements but you posted that you checked with ADA and that only applies to permanent restrictions.
you are not at MMI and your restrictions at this point are only temporary.
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
exactly,A.D.A. protects permanents only and Washington Human Rights Commission protect temporary and permanent,so my best bet was Human Rights Commission.
 
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