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Re: Light Duty
12-05-2010, 08:39 AM
Post: #1
Re: Light Duty
My state is WI.

I was injured at work a little over 3 mos ago. My FMLA has run out and I'm now on a personal leave of absence. My last MD appt was on Fri. When I checked in at the clinic last Fri the desk person informed me that my "case manager" was there and would be going in to see the doc with me. I asked who this "case manager" was, since I had not been informed anyone would be there. That's when the office person told me that because it was WC "by law" I had to have someone come in with me. I immediately informed the office person that no one up to this point had been there before and it was NOT the law. I didn't know this person, (she was not the IC person I had been told was my case worker and she was from a different IC also). I also told the office person I am a RN and I know I have the right by law NOT to have a stranger in the exam room. He replied, "oh really?", and I informed him that regardless of it being WC, no one is allowed in the exam room without my permission. Hopefully he won't be giving out that wrong info to anyone else who wouldn't know better.

When they called my name to see the MD they also called the IC case manager to come in. The case manager followed behind me to the exam rooms and I told the aide taking me to the exam room that I didn't want the case manager in my exam room at all.

The aide then told the case manager to go into the exam room next to mine and to wait. The Physician Assistant, whom I've been seeing when the MD is not available, came in and immediately started asking me questions, with the exam room door open! That has never happened to me before at this clinic or during this injury. I didn't say anything but quietly got up from my chair and closed the door to the exam room. I have a right to privacy, do I not? I know the IC has access to my records, but they don't have access to my exam room conversations, correct?

I was told during my appt that after I left, the IC case manager would be informed, via the Physician Assistant who saw me, regarding my status and condition.

The Physician Assistant told me during my appt that I could be released to "light duty" with many restrictions. When I informed the staffing office and supervisor at my ER, I was immediately told I cannot return to work on light duty. I work as a pool nurse in a trauma hospital and my job is filling in for missing/short staffed areas, they told me I cannot do that job at light duty. They actually said I cannot work until I'm "100%".

Now I've been reading that my ER doesn't have to invent a light duty job for me, especially now that my FMLA has run out. So my ER took me off their schedule till my next MD appt in one month, and they told me I could return to work if I'm released for full duty at the next MD appt.

Will there be any problems with the WC payments? Can they stop payments or do they have to pay me the WC until I actually start working again?

Thanks for your input.
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