Released by a doctor not on the MPN list in ca

[lizdawiz82]

Hello i have a question , Im from california and had an work related injury and treated within the MPN list for the first 30 Days of my injury, And it was not good since the begining ,I had X-rays done on the first visit and they said the X-rays where normal and had 2 days off , i went a second time appointment the next day and was told i should go back to work that same night ,i told the doctor i cant move how im i suppose to work ? he said ok ill give you 2 days off ,I went back 2 weeks later and told him how i felt and when i was about to leave he told me they found a fracture in my spine and since im ok i should go back to my regular shift, so I go back to work in lots of pain and go back to graveyard shift ,moving pallets ,breaking them and stocking and lots of other heavy lifting and notice my leg going numb and worse back pain then before and told the doctor on my next visit ,he told me to stretch my leg and i told him im in pain and he gave meds ,so i contacted a lawyer and told them what happend well they sent me to their doctor whos not on the MPN list and they put me on disability for 4 months and sent me back to work 2 weeks ago with a note for modify duty and my Employer who i gave the note 2 as soon as i was released transfered me to 2 stores in that 2 week period and when i showed the store manager the note he said he cant except this because its not from there doctor and i need to go back to their doctor for a release if i want to go back to work and he sent me home this happend on saturday and have to wait to see what the lawyer says but just want to see what the forum has to say about this ,can my employer ask me for another note? and my employer said i need to be 100% to be working in the department i was in because its not fair to other employees if i cant lift more then 20 pounds and hes said when he first saw me that i looked like i was in a lot of pain and he cant be held liable if i reinjure myself , this sounds funny to me .

[1171]

you can use the opinion of a non-MPN doctor in very limited situations. they are entitled to use another doctor within the MPN. you'll have to go to court to get the opinion of a non-MPN doctor into evidence.

ADA rules require reasonable accommodation
more here
http://www.ada.gov/
if you are re-injured you can file another comp claim as the employer is liable for all work injuries.

[lizdawiz82]

I never knew of the MPN list until i now , i was never told by anyone of an MPN list i never knew what that meant , i was very ignorant of the whole workers comp thing before entering and still cant understand so I have regrets even reporting my injury ,i never knew it was gonna be so complicated . I was a good employee until this happend now im a nothing and in pain all day and with no justice and no remedy. I dont know how i can live the rest of my life like this .

[1171]

(09-12-2011 02:40 AM)lizdawiz82 Wrote:  I never knew of the MPN list until i now , i was never told by anyone of an MPN list i never knew what that meant , i was very ignorant of the whole workers comp thing before entering and still cant understand so I have regrets even reporting my injury ,i never knew it was gonna be so complicated . I was a good employee until this happend now im a nothing and in pain all day and with no justice and no remedy. I dont know how i can live the rest of my life like this .

you can file for state disability until the comp issues get resolved.
http://www.edd.ca.gov/disability/di_how_..._claim.htm

[Woodlawn]

(09-11-2011 05:28 PM)lizdawiz82 Wrote:  Hello i have a question , Im from california and had an work related injury and treated within the MPN list for the first 30 Days of my injury, And it was not good since the begining ,I had X-rays done on the first visit and they said the X-rays where normal and had 2 days off , i went a second time appointment the next day and was told i should go back to work that same night ,i told the doctor i cant move how im i suppose to work ? he said ok ill give you 2 days off ,I went back 2 weeks later and told him how i felt and when i was about to leave he told me they found a fracture in my spine and since im ok i should go back to my regular shift, so I go back to work in lots of pain and go back to graveyard shift ,moving pallets ,breaking them and stocking and lots of other heavy lifting and notice my leg going numb and worse back pain then before and told the doctor on my next visit ,he told me to stretch my leg and i told him im in pain and he gave meds ,so i contacted a lawyer and told them what happend well they sent me to their doctor whos not on the MPN list and they put me on disability for 4 months and sent me back to work 2 weeks ago with a note for modify duty and my Employer who i gave the note 2 as soon as i was released transfered me to 2 stores in that 2 week period and when i showed the store manager the note he said he cant except this because its not from there doctor and i need to go back to their doctor for a release if i want to go back to work and he sent me home this happend on saturday and have to wait to see what the lawyer says but just want to see what the forum has to say about this ,can my employer ask me for another note? and my employer said i need to be 100% to be working in the department i was in because its not fair to other employees if i cant lift more then 20 pounds and hes said when he first saw me that i looked like i was in a lot of pain and he cant be held liable if i reinjure myself , this sounds funny to me .

If you were correctly noticed with respect to the MPN (notices up, signs posted in the breakroom or some other highly visible place, as well as your signature acknowledging it and finally the carrier sending paperwork regarding the MPN) then the MPN doesn't even apply. I would caution however, that an off work for 4 months isn't valid either, since you must be evaluated every 45 days.

If you re-injured yourself, chances are it would be related to the original injury. Your attorney and defense should be working out an AME, or a QME in order to figure out what treatment you need.