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Reasonable Accommodation and P&S
(06-06-2019, 11:29 AM)California_Help Wrote: You need to contact an employment attorney who deals with this type of issue for legal advice.

My suggestion from what you wrote above as a non expert is to be aggressive with returning to work and try to work these issues out, if you can do the position with what the AME wrote as restrictions without reinjury. If your PTP believes you will reinjure yourself then I would discuss with your employer.

You should be receiving TTD if they cannot accommodate your restrictions. You can try file for State Disability through EDD in the mean time if they are refusing to allow you back to work and refusing to pay you TTD.

You should contact your work comp attorney to discuss these issues as well. He may be able to file a 132a (not sure)

When attempting to return to work I would suggest making more than one attempt and also keep a paper trail. This will be important if you need it later.

Have you called your HR department and tried to work this out? Often times these things can happen due to incompetence or miscommunication. Hopefully someone in your HR department will work with you to help resolve this.

Can I ask what type of surgery you are scheduled for?I don't see how your claim is closed. How did your surgery get approved if your claim is closed?

Thank you for your reply.

Knee Surgery due to torn miniscus.

To my understanding, the claim is still open.

But when I presented updated PTP restrictions as of 6/03/19, she indicated cannot accept restrictions from PTP because AME restrictions are the final say and the claim is now closed due to P&S as of 2/04/19.

She would not accept PTP restrictions (which have improved) and cannot

Messages In This Thread
RE: Reasonable Accommodation and P&S - Proud2bme - 06-06-2019, 12:30 PM

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