Lawyer meeting left more confused

[weezle735]

So the IC is taking me to court to suspend/terminate benefits due to IME affidavit. IME states that I am completely healed and can return to full duty, his report shows tests that he did not complete at all and accuzations of previous injury to claim area. There are some xrays due to a fall that show nothing abnormal and some family doctor reports that show me complaining of things in the same area. The pain is different now and I do not believe the previous complaints to be related to the ones I am having now. But is it not true that pre excisting conditions are covered under WC if injury caused it to flare up? So even if related to previous complaints I have now become unable to do daily activities due to tripping at work which wld be covered right?
Anyway treating physician, FCE Physical Therapist, and Ortho all say light duty to which my job has no opportunity for light duty. Met w lawyer today and he is sending me to Vocational Rehabilitation. He says that the IC is trying to say that even though I may not be able to return to work in the classroom setting like I was with 3-5yr olds that I can get a job somewhere else on light duty. So are they saying that I have to go get a light duty job and come off of benefits? Wldnt this mean that they wld have to pay in some way cause an on the job injury has caused be to not be able to do the work that I am trained for? Or do I simply find another job doing anything light duty and get absolutely nothing for losing the job I love? Doesnt seem right to have to change my way of life due to work injury and someone not having to be responsible for that.
My lawyer also told me that Voca Rehab will also send me to school to learn a new trade to gain employment that I want to do and that the IC will have to continue to pay until I am done. Does this sound right too?
So what does mean I do now then? Get a job and no benefits or school and continue payments? I am completely confused.
My treating dr says that due to where my injury is he doesnt see me returning to my previous job which I loved. Teaching. I am on light duty and will continue to be on light duty for a long time or until after fusion surgury probably if they decide on that.
Getting very discouraged. Do not know what to do next. Not understanding things at all. Sorry for rambling.

[jayne]

Sorry weezle, WC laws were written to protect the employer not the employee...once you are released to full duty your employer doesnt even have to take you back.....just pay a small settlement and walk away in most cases....light duty you may have a chance at voc rehab where they will give you a choice of several jobs you may or may not care for if you refuse then you are done......so try and find one of them you can deal with...when we adopted our first 2 girls we had a teacher come to the house and help us with them as they had been locked in a room for all their lives they were 2 and 3 and needed social skills she was a wonderfull teacher....she didnt have to lift she sat in the floor with them and taught them things that they needed to know to catch up and taught me many things to help them also....maybe this is something you might be interested in it was thru the state school system for handicap children....good luck

[weezle735]

So they can force me to take a job outside of my degree based on light duty? And if I dont take this job then they can stop paymnt? So what do I get for losing the job I loved? I get no compensation for having to walk away from doing what I love to do? That just doesnt sound right. Can i choose to go back to school instead of employment to choose a different career path that I was my second choice when first went to school?

[jayne]

I do not know your states rules....you are gonna have to researse them and speake to your lawyer...it never came up for me as I was retired

[1171]

you should put your state in your profile; it helps others give a better response.
http://www.workerscompensation.com/forum...?tid=10146

no, the pre-existing condition is not covered; only the aggravation that was caused by the work injury.
yes, the aggravation would be covered.
workers comp does not cover the loss of love for a job; some states have additional benefits for wage loss others use impairment.
workers comp has multiple benefits; medical will continue while wage replacement might end.
if you can work - even light work -you need to try while you recover.
if you are never going to be able to return to your previous occupation then the sooner you begin new career search and training the less the economic damage will be.

[weezle735]

My apology 1171, I have been on here for a while but have not posted much. I thought through my other posts that some wld remeber my state. I am in PA and have changed my profile to show this.
Ok so my assumption that I can be retrained for another career and receive payments while attending schooling is correct?
I wld much rather continue education then take a piddly light duty job they hand me in an office. I will never make the $ and the benefits that I had with my state job unless I go back to school.
Is that a possibility?
So ur saying that since my dr released me tolight duty but since my employer does not have light duty then I am responsible to find light duty work outside of my employer? That confuses me. What if I find a light duty job and then try to go back to employer or they find outabout me working somewhere and end up terminating me. I am part of the union and diff associations, by making me find light duty work elsewhere i wld be walking away from alot. It just doesnt make sense.