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    Old 05-29-2004, 10:15 AM   #1
    EFlorida
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    Question Return to Work Statis-- have Questions

    My Nero just released me to go back to work after 2 months-- My case of w/c has been denied working with attorney on that----Went to Dr yesterday Fri, I have about 450.00 dollars of perscriptions at store that can not be approved yet(figures long week-end) Dr is still seeing me wants me to have shots in back and wants to refer me to Neuro Surgeon-- have 2 bulging disk one in Middle of back--that one hurts but not as bad as the Lower back disk that is irratatng Nerve. My question is Does my Job have to take me back?Dr put me on Light duty, if they dont take me I dont know my chances of getting a job with my work restrictions-- Any help would be appreciated, Thanks

     
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    Old 05-29-2004, 04:24 PM   #2
    carol632
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    Re: Return to Work Statis-- have Questions

    I'm sorry, but I don't understand. You have a work-related injury, your doc wants you to go back to work, but he wants you to see a neurosurgeon because of bulging discs? Your attorney doesn't seem to be doing his job. You shouldn't go back to work until you have been seen by the neuro and properly evaluated. Sounds like the doc sending you back to work is working in the interests of wc instead of you!

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    Old 05-29-2004, 05:32 PM   #3
    Haw'nCarl
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    Re: Return to Work Statis-- have Questions

    [COLOR=DimGray]Aloha EFlorida

    Every State has there own W/C Statues, I suggest you do a search of Florida's State website where you will probably find the W/C laws for Florida.

    Where I am, in Hawaii, per the W/C insurance Co. your employer will fill out a form listing all of the sit, stand, walk, push, pull, lift and carry requirements of the job you had previously performed prior to your injury. This form might also include secondary requirements for a sedentary position that your employer may have available for you to come back to. Then, you're doctor will review the requirements, and after an examination of you, he will present his findings to your W/C insurance Co. as to whether or not you are capable of performing those duties. If you are now capable of performing the duties of your regular job or a sedentary job with less strenuous requirements that may be available to you, than I would imagine that you would go back to work.

    Your nurse case manager plays a substantial role in this process also, if they do their job and are not extremely biased toward the insurance company which most are, than I would think that you would not be going back to work with two bulging discs. I am sure, that by now you have had all of the standard tests, MRI, bone scan, x-rays etc. which substantiate your injury. I also can not under stand why they would want you to go back to work. The SSIís never helped me, they do help some people though, and so if they were offering them to you I would try them to see if it might help you. I would also request to be seen by an orthopedic surgeon, they might have a different perspective on your injury then the neurosurgeon does. Just a suggestion, I had an orthopedic surgeon perform my surgery; I am 3 months post op and am doing great! I am also in the wonderful world of W/C, but I have been extremely lucky.

    Your employer [B][I]cannot[/I][/B] terminate you because of your injury or for filing a W/C claim, if they do, [B]get a lawyer immediately[/B].

    However there is always the chance that your employer does not want you to come back, and then they can play the loopholes, which are numerous, they can say that your position is no longer available, has been eliminated, or they can be sneaky if they donít want you to come back, and, as they fill out that form I mentioned earlier, they could list unreasonable requirements that they know would be beyond your abilities, due to your physical limitations and thus you would be unemployed, or, you and your lawyer would have another battle on your hands.

    There are lots of variables and it is not always as easy as it may seem, scratch that, it is [B][I]never[/I][/B] as easy as it [B][I]should[/I][/B] be! Plus, Florida might have different rules. There is lots of info out there, read and then read some more, knowledge is power!

    I will mention this though, if your doctor says you are capable of performing the duties of a job that your employer has available to you, and you refuse or are unwilling to do that job, your W/C case is closed immediately, so be careful, good luck, and God Bless.

    Carl[/COLOR]

     
    Old 05-30-2004, 07:23 AM   #4
    cardinal
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    Re: Return to Work Statis-- have Questions

    Hi EFlorida! Be careful, I was in the same boat. After my second surgery, was on short term dis. my company agreed to p/t arrangements. But, only temporary. My n/s sd I could try p/t, I did, one day and I was in so much agony. The co then agreed to "work with me". My job could not sustain p/t nor could I! My ltd co pushed me to go back, thus I would lose all my benefits and my job. I refused and the battle goes on. I have now lost my job and all benefits, the law suit is on. Had I suffered and did what they wanted there probably would be a worse situation now, for my back and benefits. I know I can not work anymore, l wish I could. These insurance co and ssi are not going to lose me, I will fight to the end!
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    Old 05-30-2004, 06:55 PM   #5
    lfoster21
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    Wink Re: Return to Work Statis-- have Questions

    There has been some good info. posted already. I am in the W/C boat myself and I have found that each state has a lot of their own rules. The state website will have all the info. for you. I think I read in the original post that you were not accepted by W/C yet. If that is the case, are you financially capable of not working and paying your medical bills until you are accepted? Also, Did you report the accident w/in 24 hr. to your supervisor and were there witnesses? The reason I ask these questions is because if you answer yes to the last 2 questions, you shouldn't have a problem being accepted. Many companies will originally deny it as W/C but as soon as there is a lawyer involved they are better off agreeing to it. Also, if that is the case and you can temporarily afford to be off, W/C will reinburse you. They will also reinburse mileage to and from appts. so keep good records. I was able to bill my 1st few appts. and get Rxs. from my reg. insurance and then submitted the bills to W/C when that got approved. In Va, if your dr. states that you can go back to work on restrictive duties and your company can't/won't allow you back that way, you have to be looking for a job that will take you with your limitations. It sounds like your Dr. is working for the benefit of your company. Your are allowed to get a 2nd opinion. Do it! If you can get the Dr. to state that you are not able to go back to work until you do all that you need to do...that would be the best. Once you go back to some jobs...the benefits start to end and if you can't keep up with the job at 100% of what you use to do, they can fire you.

    Good luck and you are in my prayers,

    Lorie
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    Old 05-31-2004, 02:29 PM   #6
    NGL
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    Re: Return to Work Statis-- have Questions

    [QUOTE=lfoster21] In Va, if your dr. states that you can go back to work on restrictive duties and your company can't/won't allow you back that way, you have to be looking for a job that will take you with your limitations. [/QUOTE]
    There are lots of variables in answering the original questions. If you were hurt on the job, and if you are being assigned light duty to that same work place, and IF your claim is accepted, this applies: In most companies, if the dr releases you to light duty, and the company cannot or will not accomodate those restrictions, work comp has to pay your wages. Usually, the company will try to find something, anything, for you to do within those restrictions. If you go apply for a job somewhere else, that new company does not have to honor those restrctions.
    Since the claim hasnt been accepted yet, have you considered signing up for FMLA (Family Medical Leave Act)? Yoy dont get paid for your time off, but it does protect your job for up to 12 weeks I believe. There are certain restrictions, so do a web search on it.
    EFlorida, has WC told you why your claim has been denied?

     
    Old 06-01-2004, 02:06 PM   #7
    EFlorida
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    Re: Return to Work Statis-- have Questions

    This is such a mess-- On the accident form that the Insurance Co mailed to me and my Lawyer it was checked that they do not agree with injury on job-- I dont know where they are getting their info from, my boss maybe. Seen my Lawyer today and he asked me if I had any other accidents to my back-- not in lower back that I recall, I was in car accident 10 yrs ago but that was my neck and left arm. Still have over 500.00 dollars of scripts at pharmacy, that they will not pay, the Insurance Co told Pharmacy that they closed my case--- I guess my Lawyer is going to Petition this, I gave my work my work release form on Monday-- but they havent called me back yet the District Manager had to check with Main office she said because I had filed a Case-- well I am still fighting this because my Neurologist is refering me to have a set of 3 shots in back and he also wants me to see a Neuro-surgeon.

     
    Old 06-01-2004, 02:09 PM   #8
    EFlorida
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    Re: Return to Work Statis-- have Questions

    This is such a mess-- On the accident form that the Insurance Co mailed to me and my Lawyer it was checked that they do not agree with injury on job-- I dont know where they are getting their info from, my boss maybe. Seen my Lawyer today and he asked me if I had any other accidents to my back-- not in lower back that I recall, I was in car accident 10 yrs ago but that was my neck and left arm. Still have over 500.00 dollars of scripts at pharmacy, that they will not pay, the Insurance Co told Pharmacy that they closed my case--- I guess my Lawyer is going to Petition this, I gave my work my work release form on Monday-- but they havent called me back yet the District Manager had to check with Main office she said because I had filed a Case-- well I am still fighting this because my Neurologist is refering me to have a set of 3 shots in back and he also wants me to see a Neuro-surgeon.

     
    Old 06-02-2004, 03:03 AM   #9
    cricket2764
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    Re: Return to Work Statis-- have Questions

    Would just like to say I am in the same boat with a W/C case in Florida. I had a disectomy in May of 2003. When my fmla ran out they terminated my employment said they couldnt hold my position open. I have had a prior back problem but employer new all about it. Got hurt on job this time and have been fighting for a year now but employers atty. said that they are not denying i got hurt at work but it is an uncompensatble claim because i could of done it at home just as well as at work. I still havent been able to go back to work. Have had the ESI serious and it helps some but not much. So be ready for a long fight. But dont give in.
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