[Worriedgirl]

I have been back at work FT for one month after being off almost one year. Doc sent me back full duty on 1/4/16 and I questioned that decision thought it would be best to go back slowly. He then rushed to try to schedule  P&S report. Back at work things are a bit stressful and he added some modifications back. Basically no prolonged sitting, walking or standing over 30 mins. He then rushed to finish report of P&S and added the same restrictions as permanent, Along with chronic pain for a couple of areas that have healed. He gave me a note for work and unprofessional HR lady said administration would have to decide if they'll permanently accommodate . I said I don't agree with Doctor . She says call him back to explain. I call adjuster he says no one was rushing Doctor to finish P&S report. He says  he agrees with me and will write a letter to ask  for more times for  me  to improve and for doc to defer report. I call doc same day to reschedule appt. doc claims through assistant he's done with report and won't see me or change it. Even though the day before he said it would take 3 weeks. Assistant says I can do a QME . Adjuster freaks out but says will object and also ask for QME . I'm stressed can't sleep or eat. Will I be able to stay  at work until QME  is done? Or get temporary pay if they say I have to be off? Please advice  So scared

[1171]

There is not one set of work comp laws for every state. Specific Advice depends on what laws/rules apply to your claim.
The Doctor doesn,t want to see you; has no more treatment to offer and wants out.
It,s possible you can change treating doctors.
I can offer more when I know your state.
your employer has the options.
Generally:
Your employer does not have to create a job for you but ADA does require they discuss reasonable accommodation.
the employer can get their own fitness for duty exam if they want medical clearance to continue you in your full duties.
TD can only be restarted if you are medically declared to be temporarily disabled.

[Worriedgirl]

I am in California. I'm working full time but now P&S might complicate things.  I am MMI which I disagree with.  I am hoping I can stay until QME. The permanent restrictions are not necessary I think, Doctor may have thought he was helping by adding permanent restrictions but HR lady scared me.  I'm not interested in a settlement just wanna keep my job.

[1171]

you can change treating doctors to any one in the Medical Provider Network; just alert the carrier/employer.
you can challenge your MMI and permanent impairment by using the QME process.
more here:
http://www.dir.ca.gov/dwc/MedicalUnit/imchp.html

[Worriedgirl]

Thank you 1171. I work for a local government agency and I'm wondering if anyone knows if they are more willing to accommodate. And can one tell the QME pain is no longer chronic and they will consider that or will they look at whether it was at time of P&S. This has been keeping me up nights and can barely eat. Also can they discriminate against pre-existing conditions?

[1171]

(02-15-2016, 12:19 AM)Worriedgirl Wrote: Thank you 1171. I work for a local government agency and I'm wondering if anyone knows if they are more willing to accommodate. And can one tell the QME pain is no longer chronic and they will consider that or will they look at whether it was at time of P&S. This has been keeping me up nights and can barely eat. Also can they discriminate against pre-existing conditions?

[1171]

I depends on their track record and many other variables as too how far they are willing to go to accommodate you.
you can describe your pain any way you wish.
employers are required by safety laws not to put workers in positions they cannot physically perform.
you are not really in control as to how the employer will react focus on your treatment and keep in regular contact with your employer is the best way to deal with the unknowns.

[Worriedgirl]

(02-15-2016, 12:54 AM) pid=\161934' Wrote:[quote pid='161933' dateline='1455509992']
Thanks again 1171

[/quote]

California

[California_Help]

Do you have an attorney?

The restrictions do have to do with your PD rating and the higher the restrictions usually the higher the rating, which is more PD payments for you, but for most not worth it if you lose your job. Your claims adjuster would love having the opportunity to have them lowered. It can be a catch 22 because less restrictions or no restrictions may not be covered under state ADA laws (this is complicated). Usually the doctor gives restrictions from what the patient states they can tolerate combined with objective medical evidence. Restrictions can change if your condition improves.

MMI just means your condition is not anticipated to change dramatically over the next 12 months and TTD ends. Usually when you return to work the doctor MMI/P&S the patient. I would be clear what you want to accomplish and how you state your condition moving forward with new doctors... as you are stating you do not want restrictions, but also you do not believe you are MMI and feel like you were rushed back to work too quickly. I would also not put yourself in a position where you can reinjure yourself.

In my opinion some state jobs seem to be better on accommodating those with restrictions, but it depends on the job and if you can do your job with the restrictions. Have you seen other employees allowed to return to work with restrictions or similar restrictions?

You can request a panel QME. I recommend picking the specialty if a QME is someone you want to see, or your claims adjuster gets to pick the specialty if she picks first.1171 sent you a link and you can contact an I&A officer if you have questions about how to do this. If your injury is orthopedic and not serious I recommend picking a chiropractor panel. They seem to listen to patients more and are applicant friendly(IMO), but you always run the risk of having a defense doctor so google search the doctors on the panel first and I also recommend to get some advice from an applicant attorney on who to pick on the QME panel. 

You can always switch to another doctor in your WC MPN network. I recommend to stay away from industrial mills as they are insurance friendly and do not always look out for the patients best interests. If you believe your condition does not warrant such strict restrictions you can discuss with your new doctor. I would request a link to your MPN from your employer or claims adjuster, and pick a doctor from there. Then you can ask your adjuster to send the doctors office a letter approving the change of PTP.

Again, if you were off of work for a year are you sure you do not need restrictions? I would not risk re-injury for a job. Your health is important. I have seen HR personnel intimidate employees into returning to work without restrictions which resulted in further injury for the worker.

[Worriedgirl]

(02-17-2016, 03:04 PM)California_Help Wrote: Do you have an attorney?

The restrictions do have to do with your PD rating and the higher the restrictions usually the higher the rating, which is more PD payments for you, but for most not worth it if you lose your job. Your claims adjuster would love having the opportunity to have them lowered. It can be a catch 22 because less restrictions or no restrictions may not be covered under state ADA laws (this is complicated). Usually the doctor gives restrictions from what the patient states they can tolerate combined with objective medical evidence. Restrictions can change if your condition improves.

MMI just means your condition is not anticipated to change dramatically over the next 12 months and TTD ends. Usually when you return to work the doctor MMI/P&S the patient. I would be clear what you want to accomplish and how you state your condition moving forward with new doctors... as you are stating you do not want restrictions, but also you do not believe you are MMI and feel like you were rushed back to work too quickly. I would also not put yourself in a position where you can reinjure yourself.

In my opinion some state jobs seem to be better on accommodating those with restrictions, but it depends on the job and if you can do your job with the restrictions. Have you seen other employees allowed to return to work with restrictions or similar restrictions?

You can request a panel QME. I recommend picking the specialty if a QME is someone you want to see, or your claims adjuster gets to pick the specialty if she picks first.1171 sent you a link and you can contact an I&A officer if you have questions about how to do this. If your injury is orthopedic and not serious I recommend picking a chiropractor panel. They seem to listen to patients more and are applicant friendly(IMO), but you always run the risk of having a defense doctor so google search the doctors on the panel first and I also recommend to get some advice from an applicant attorney on who to pick on the QME panel. 

You can always switch to another doctor in your WC MPN network. I recommend to stay away from industrial mills as they are insurance friendly and do not always look out for the patients best interests. If you believe your condition does not warrant such strict restrictions you can discuss with your new doctor. I would request a link to your MPN from your employer or claims adjuster, and pick a doctor from there. Then you can ask your adjuster to send the doctors office a letter approving the change of PTP.

Again, if you were off of work for a year are you sure you do not need restrictions? I would not risk re-injury for a job. Your health is important. I have seen HR personnel intimidate employees into returning to work without restrictions which resulted in further injury for the worker.