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Working with restrictions ..since 07
Hi I hope that someone here in this forum can assist me in my dilemma. I have a BWC allowed/approved claim and returned to work with restrictions *applicable to my Occupational Disease/Work related conditions* I returned to work after my employer approved restrictions in 2007. could noThe restrictions prior to my return were asked to be in specific detail as to what I could and could not do. My surgeon's secretary complied with the information providing an attachment along with the restrictions Employer's RTW form. I have been working under the very same restrictions *updated every couple of months or so* .Out of the blue my Employer notified me that the Attachment that I had been working under with restrictions <<that my employer had to have the specifics on was now not correctly worded and that certain words had to be omitted from it due to Liability issues. At the time of the updated/revision of my restrictions were send and attachment I was unaware that anything was wrong and was not notified at all. I have been working and doing various position jobs. I did not at the time receive a copy. I definately was not aware of any problems or issues nor did I receive a copy that had been sent to my employer..But On July 31 I was asked to leave my employment *Due to my employer could not accommodate my recently submitted restrictions.
Do you mean you were fired??????? or just off work untill they can find something for you to do under your restrictions. Do you have an attorney?
Surely the surgeons office has a copy, call them and go pick it up, and find out the mistakes.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Tuffy Wrote:Do you mean you were fired??????? or just off work untill they can find something for you to do under your restrictions. Do you have an attorney?
Well it was confirmed today..they Can not work with my restrictions..or accomodate the restrictions that they approved in 12/07 to the present..no they told me today that I am covered under FMLA Medical Leave *even tho it is workers compensation* What baffles me is the very same restrictions that I have been working under now all of the sudden they can not work with..I have a workers comp lawyer, but am getting ready to hire an employment lawyer now..It is sooooo unfair..many people where I am employed are on restrictions and work over 40hr work weeks, and can do not near the work I do and yet they are still there while I am here at home about to have to collect unemployment to survive???????
Bad Boy Bad Boy Wrote:Surely the surgeons office has a copy, call them and go pick it up, and find out the mistakes.
badboy thank you for you reply...the date no longer is the issue..my employer contacted me today and stated that they can not work with my restrictions due to the restrictions....but the thing is ...I worked under these very same restrictions for now since 1/07 and all of the sudden as of 7 31 08 they can not accomodate the very same restrictions.....
Same thing happened to me ... Was then put on med leave which is 12 weeks and at the end of that termed !
Do you make more money than some of these employees doing less work with restrictions? It might be a key as to why they singled you out. Something sounds fishy about the whole thing anyway. It takes them over a year to realize they can't accomodate your restrictions.

If your employer can't accomadate your restrictions, you may be entitled to TTD while off work until they do find something for you to do, or until you are at MMI. Ask your W/C lawyer and see what he says. This is only my opinion. FMLA will only protect your job for 12 weeks, then your employer can terminate you. Discuss all of this with your lawyer soon.
Good luck
I agree, something is fishy in Denmark, They can find a position for a year and then change there minds?????????? You can collect WC Benifits while on FMLA, then at the end of the 12 weeks and if you are terminated, you can collect unemployment. They can not term you while you are on FMLA ( Federal law ) My opinion is you can not collect WC and Unemployment at the same time......
Tuffy...You are right about the UE and WC at the same time. One of them will want paid back and you either can work or cannot. UE asks all those questions bi-weekly when you call in. Either there is more to this or I feel there is a wrongful termination suit going on. It's that all of a sudden after a year they can't find work when the persona has already been doing it. BS>JMO


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