Ime

[nursedina]

well - my dad had a stroke, so I came to Florida to help with some plans for him, and while I am away, I get a letter from my employer, stating that I am expected to return to work on Wednesday - THIS wednesday. What do I do?

I have to wait till Monday to call my lawyer...My own doc has said no work and hes a comp doctor!! They are going by a 15 minute exam with a damn IME doc. 2 weeks before, my doc wrote a letter to comp stating that I can't work. So...do I HAVE to show up for this job? Can I refuse stating that I want an opinion from my own treating doc (which is also a comp doc).
I just tried to do a job similar to this, and it did not work! I am an RN by trade. They want me to answer phones from 1-5 each day and increase my time till I am at an 8 hour day.

I can not do this job. I can not sit for that long. It is going to cause me so much pain, it's not realistic. What do I do? I'm freaking out cause I can't get in touch with the laywer till Monday and I'm losing sleep over this.

If I get a follow up letter from my pain doc (as I mentioned who is also a comp doc) stating again that I can not work, does that hold water?

Will I lose my benefits if I don't go to work? It's my only income and I have three kids to take care of. WE will be on the street with no money if they take my comp check. I scared. If I try to go back to work, I am taking the chance on driving on high dosages of pain meds and I am riskingmy back and my health. I am still not the same since my trial work period 4-5 months ago.

I do get social security disability. I won't get that either if I work, bu tI am disabled and can;t work. They will be forcing me to lose my social security benefits.

None of this seems fair.

-Please answer..

Dina

[bronco54501]

I am in the same boat, ime dr says I can but my dr says I cant. Difference is --- They stopped my checks the same day she said I was at mmi, and said I am able to work with the decision of the ime dr... I went back to m dr the next day with the letter and new restrictions and my employers job description. My dr said no, and put his restrictions back on... This wont re start my ttd, its going to take a judge... You may want to call your attorney right away mon morning, and keep on him til he answers.. Your in a bad situation being in fl, it dont look good. I would also get a hold of your dr and explain what happened. Hopefully you can get him to re-write restrictions and fax them to employer. This way your not turning down the job because you dont want it, its because your restrictions say you cant.... I hope this works out for you............bronco

[1171]

yes, you can refuse but they also do not have to continue disability payments.
unfortunately neither the worker nor the employer gets to authorize disability time; has to be left up to a doctor.
once there is a dispute in the medical evidence it becomes a matter for the comp court to choose; it is not decided by how many doctors agree or disagree.

[nursedina]

My question is,,,until the court decides, do I have to go back to work? or do I stay home till judge decides?
will they stop my payments?

[nursedina]

Thanks all. It is Monday today and I am waiting for call backs from my job, my lawyer and my doc. I will keep everyone posted. Keep me in your thoughts please. This is not what I needed while my dad just suffered a massive stroke and I'm the one who is doing his financials etc and talking with medical staff. <sigh> when it rains it pours.

[nursedina]

Well, the IME doc says I can go to work, my job offered me a position sitting for 4 hours a day. I can not do that. My private doctor says I can not do that job, I tried last year, and I could not do it. My regular doctor, pain mgmt ( who happens to be a wc doctor for my job also) has written a letter, stating that I can not work this job under any circumstances. He stated that the IME was incorrect. I called my lawyer, and he told me since my regularly treating doctor has written a letter stating that I can not work, I do not have ot go back to work. Work called me and told me it was my decision to go back to work or not, I told them I cannot do the job, my doctor told them I cannot do it, I would not be taking the Job. Should I be expecting them to cut off my pay because of this? How long till I get a court appearance if that happens? My lawyer told me I did not have to go back, now I'm nervous, they will cut off my money, < sigh > how will I live without a paycheck .?

[Timothy Belt]

They can not legally just stop paying your benefits. They will need to file a petition. The petition will be assigned to a judge. There will be a first hearing to consider the IC's request for supersedeas. Both sides will present evidence in regard to whether or not you are able to perform the offered job. Normally if the injured worker has medical evidence to support their inability to perform the offered position the request for supersedeas is denied. If it is granted, your wage loss benefits will stop pending final decision or reconsideration. If it is denied, your wage loss benefits will continue pending final decision or reconsideration. Normally if a petition is fully litigated, it will be a year or more before a decision is issued, and if supersedeas is denied you continue to receive benefits during that time period. Furthermore, if you are successful in the final decision, your benefits still continue.

[nursedina]

Thank you Tim. you put my mind at ease. Thank you for explaining that. I have a good lawyer he just doesn't explain everything clear as you do all the time. I can sleep a little better tonight. Thank you.

[weezle735]

Nursedina,
Wow!! Let me say this to you, you are not alone by any means. And welcome to my world. I am experiencing, as I type, the same thing.
I too am in PA just north of Pittsburgh. I was injured lower back/rght hip in 4/10. I am a teacher. Was off work from that date till August when school started again. I too had been seen by the panel dr and pain mgmnt dr receivng esi shot. After the second round of esi I attempted returning to work. Lasted 2 weeks before pain came back and 1 week with pain until I was unable to walk afyer working 7 hrs on my feet up and down w 15 3-5yr olds. Went back on benefits. In Nov I was sent to an IME 45 min away from my home, done on purpose to use time in car against me. But I had to stop twice just to be able to drive that far un-medicated. By Dec 7th I received a letter stating based on dr report and being notified by ins company I was fully healed and to return to work the following monday. After speaking w my lawyer we drafted a refusal letter and I (being a good employee) notified work so they wouldnt be expecting me and would retain substitution for my class. After sending the letter I still receive checks and they still cover dr apt and meds.
In Jan I had my first hearing for termination of benefits. They had their IME and we had letters from all 3 of my treating drs. They also tried to use facebook posti ngs against me too so watch yourself, that was a harsh lesson learned. Really they asked a lot of questions, most of which your lawyer should prep you for. And if you are honest and truthfull w nothing to hide you should be ok. Few thing my lawyer told me was, only speak one person at a time, and when answering their questions keep it simple and to the point, dont go into full stories cause your more likely to hqve to keep explaining yourself and get caught up.
The judge did not send a final ruling to my case that I know of and i just received another hearing notice for april. Exactly one yr to the day of my injury. The ins co has not terminated benefits and from what I am aware are not legally alowed to without a judges decision to do so.
Hold on tight and keep fighting for your rights, you are in for a ride here shortly. If you ever need to chat w someone PM me. Being in same state we may be able to help ea other.
Hope all goes well.

[nursedina]

Weez- they did the same thing to me. My doc appt was 90 minutes away. We asked for a driver because I can not drive that far.

I have been off from work since sept 2008. I have done everything they asked me to do. I've had three surgeries. One simple back fusion ( if there is such a thing..lol) and then the screws were falling out and my back was not fusing, so I had a second one 360 degrees from front and back, two levels, and then I had a spinal cord stimulator implanted last year. Last year, it was MY idea to go back to work. They were not going to send me, but I miss working and wanted to give it a try. It did not last but 2-3 weeks before I was in agony .
The IME the doctor did and sent out was full of errors from everything about my function to the medications I take. He stated that one of the reasons I could not work is because I take fentanyl patches, and they make me dizzy. I'm allergic to fentanyl, I don't take them. He must have been thinking of someone else. He also said I was crying and stating that I just wanted to go back to work. I did not say that. It never happened. Maybe he got me mixed up with another patient.
Anyway, my pain mgmt doc ( who is also wc doc for my employer) read the IME. He wanted to read it before he said yes or no to the job and even he agreed the IME is waaaaay off. And I could not, under any circumstances, do this job. I can not sit for 5 hours. I can barely make it 30 minutes before I have to lay down and take some break thru meds.
They look at my CT scans and my fusion looks stable. They do not have a grasp of chronic pain. I only know what I feel, and I feel pain. A lot of it.
I have done whatever they sent me to do, acupuncture, Massage, water therapy" regular Pt, psychologists, injections in my spine ,the pain is increasing rather than decreasing. I have a feeling there is something going on that they aren't finding, but that's another story, instead of getting better, I'm getting worse.
Yeswe should chat sometime and swap war stories. Pm me any time. Ruhr now I'm in Florida helping out my dad who just. Hd a stroke. Just sitting in the rehab with him to visit everyday is excruciating, I've had to double my pain meds, and use some others I haven't had ot take in months. I've also had to limit my visits to just an hour or two and even then, I lay in his bed while he is in rehab.
It's a hard road, one, as an Er nurse, I never thought I would have to deal with. I wouldn't wish this on anyone, chronic pain is a life sentence.

Good luck and pm me anytime.

- take care,
Dina

(03-11-2011 01:27 AM)weezle735 Wrote:  Nursedina,
Wow!! Let me say this to you, you are not alone by any means. And welcome to my world. I am experiencing, as I type, the same thing.
I too am in PA just north of Pittsburgh. I was injured lower back/rght hip in 4/10. I am a teacher. Was off work from that date till August when school started again. I too had been seen by the panel dr and pain mgmnt dr receivng esi shot. After the second round of esi I attempted returning to work. Lasted 2 weeks before pain came back and 1 week with pain until I was unable to walk afyer working 7 hrs on my feet up and down w 15 3-5yr olds. Went back on benefits. In Nov I was sent to an IME 45 min away from my home, done on purpose to use time in car against me. But I had to stop twice just to be able to drive that far un-medicated. By Dec 7th I received a letter stating based on dr report and being notified by ins company I was fully healed and to return to work the following monday. After speaking w my lawyer we drafted a refusal letter and I (being a good employee) notified work so they wouldnt be expecting me and would retain substitution for my class. After sending the letter I still receive checks and they still cover dr apt and meds.
In Jan I had my first hearing for termination of benefits. They had their IME and we had letters from all 3 of my treating drs. They also tried to use facebook posti ngs against me too so watch yourself, that was a harsh lesson learned. Really they asked a lot of questions, most of which your lawyer should prep you for. And if you are honest and truthfull w nothing to hide you should be ok. Few thing my lawyer told me was, only speak one person at a time, and when answering their questions keep it simple and to the point, dont go into full stories cause your more likely to hqve to keep explaining yourself and get caught up.
The judge did not send a final ruling to my case that I know of and i just received another hearing notice for april. Exactly one yr to the day of my injury. The ins co has not terminated benefits and from what I am aware are not legally alowed to without a judges decision to do so.
Hold on tight and keep fighting for your rights, you are in for a ride here shortly. If you ever need to chat w someone PM me. Being in same state we may be able to help ea other.
Hope all goes well.