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Live in CA, W/C told hub return monday 2 work- still disabled what now??? - Printable Version

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Live in CA, W/C told hub return monday 2 work- still disabled what now??? - circsawmeetshand - 10-30-2009 08:26 PM

Oh MAN am I one angry wife! We just spoke to W/C who told us DH was to return to work monday morning with a "modified" position, work on a pay draw/ commission, and we discovered that they sent paperwork to the doc (who we just saw wednesday and told us that he would keep DH out for another 4 weeks) that WE never saw- it somehow convinced the doctor that DH could return to the job- mind you, he's got maybe 30 percent real use of that finger on that hand, which impacts his whole hand, and he has to support his entire weight with one hand at times in this new position..... HELP! Do we contact an atty? Does he go to work and meet with the boss?
What do we do- We feel that it's appropriate at this point to retrain him for a totally different job, something not remotely using both hands that way.... and now the W/C lady thinks I'm aggressive..... OH MAN! She doesn't even get that I'm just trying to look out for our family- we have 4 kids, I've been at home for years, UGH!
BTW, we're in socal....
THANKS SO MUCH!

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - 1171 - 10-30-2009 09:01 PM

the doctor controls disability.
your husband can change to any other doctor within the Medical Provider Network at any time.
your husband won't get far with his arguments without trying.
if the job modifications are not working out he needs to get back to the doctor and discuss changes.
the worker doesn't make the call on retaining. california eliminated vocational rehabilitation benefits.
once his condition is rated he'll be entitled to a training voucher.
you husband can also dispute the treating doctors opinion and request a Qualified Medical Examination.
have your husband learn about the california comp system.
he can start with the fact sheets
http://www.dir.ca.gov/dwc/iwguides.html

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - circsawmeetshand - 11-01-2009 06:47 PM

1171 Wrote:the doctor controls disability.
your husband can change to any other doctor within the Medical Provider Network at any time.
your husband won't get far with his arguments without trying.
if the job modifications are not working out he needs to get back to the doctor and discuss changes.
the worker doesn't make the call on retaining. california eliminated vocation rehabilitation benefits.
once his condition is rated he'll be entitled to a training voucher.
you husband can also dispute the treating doctors opinion and request a Qualified Medical Examination.
have your husband learn about the california comp system.
he can start with the fact sheets
http://www.dir.ca.gov/dwc/iwguides.html

Thanks for your follow up- We also received a certified letter yesterday, sent last monday from the employer offering him a different job, as an inspector (which he still needs the use of BOTH hands for), working on a commission basis (he was hourly before this)... it seems that our visit with the DR on wednesday hasn't hit the system yet, so I guess the best thing is for my hubby to go in tomorrow A.M. and let them know that the DR said 4 more weeks out as of his last visit...... I've been online with the CA laws, and boy is it confusing! Basically, they are trying to oust him from the job- when he wouldn't return to work immediately, I think they started getting their ducks in a row to back him into a corner to either fire him (he's not a salesman, and would most likely fail in a commission job; which the owner KNEW upon hiring) or force him to quit because he cannot support his family- Do we contact an ATTY? We are awaiting a return call from the DR office... what now?
Thanks,
Nicole

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - 1171 - 11-01-2009 06:53 PM

if you husband doesn't understand the comp system and believes he is being taken advantage of then for his own peace of mind he should get professional representation.
he can also get help for his questions from the state's Information & Assistance Officer
http://www.dir.ca.gov/dwc/IandA.html

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - circsawmeetshand - 11-01-2009 07:01 PM

1171 Wrote:if you husband doesn't understand the comp system and believes he is being taken advantage of then for his own peace of mind he should get professional representation.
he can also get help for his questions from the state's Information & Assistance Officer
http://www.dir.ca.gov/dwc/IandA.html

Thanks for getting back to me- Unfortunately, my husband is spinning his wheels, and even at the best of times isn't the best advocate for himself- I''m wondering if anyone out there has an idea of whether or not the BBB really does have decent atty's there, or if we should look elsewhere- After reviewing the fist link you posted, I found that they are responsible for 85% of his pay at the time of injury if they offer modified work- which isn't what they are offering!
Honestly though- we realize that there are many other serious injuries on this panel, and our hearts go out to you all, and our prayers as well- thank goodness this forum is available!
Nicole

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - Bad Boy Bad Boy - 11-01-2009 07:56 PM

Could you, maybe explain his injury, for other then what I'm reading, as only a finger injury. Surely there is more to this?

RE: Live in CA, W/C told hub return monday 2 work- still disabled what now??? - 1171 - 11-01-2009 08:02 PM

I'm not sure what the Better Business Bureau has to do with a work comp injury?
for a work comp specialist in your area go to
http://caaa.org/cs/zip/zipsearch.aspx

sounds like the doctor has not only released him to modified work but has made him permanent and stationary/maximum medical improvement?
you definately need to see what the doctor sent to the carrier but didn't communicate to your husband.

your husband also has rights to "reasonable accommodation" under Federal ADA law
http://www.ada.gov/