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rosietoes · 07-10-2009, 02:11 PM

I am in California and was injured in march 2009 performing my job as an RN. I was on restricted duty and working until the 3rd week of June when my comp Dr, after reviewing my "normal" MRI (disc bulges at 3 levels, 1 indenting the thecal sac) he increased my restriction to the point where my employer cannot accomodate me(I did ask about paperwork, etc and she said she would think about it). So I am on LOA. I had a follow up with Dr on Monday and he left restrictions unchanged with follow up in one month. He also says I am permanently injured and will "never work as a nurse again". He then says it is a shame because since I have no disc herniation I will "not get any state disabilty when (I) lose my job". Cheery news.
I then called the adjuster who said "a month is too long between visits" and " ask your manager for work...we need to get you back to work".
I took the form to my boss that day and (again) asked if she had any paperwork I could do...and again was told she would "have to think about it". The next day the clinic had a position advertised for a full time RN.
I am frankly very concerned I will lose my job and be let with no income...benefits...anything.
Is this a normal scenario?

jayne · 07-10-2009, 02:26 PM

calif is a strange duck.........you RNs have a hi rate of injury... 1171 is very knowageable about the rules and regs in calif she may be able to guide you in your quest welcome to our forum

rosietoes · 07-10-2009, 03:37 PM

Thank you.
Yes, RN's DO have high injury rates....lifting people, dealing with assaultive patients ( and sometimes their families), working on our feet for > 12 hours, stress associated with life and death situation everyday etc is hard on a person.
This isn't the first time I have been hurt but it's the first time I have felt so threatened by being hurt.

1171 · (This post was last modified: 07-10-2009 05:11 PM by 1171.)

the doctor is not a good source of information on disability systems. state disability as well as unemployment insurance are not based on an MRI reading or whether a disc has herniated or not. they rely on return to work decisions by physicians.
You should become familiar with FMLA rules as you are at the 12 week limit for job protection
http://www.dol.gov/esa/whd/fmla/
you may also wish to review ADA reasonable accommodation requirements
http://www.jan.wvu.edu/links/adalinks.htm

yes you are right to be concerned. those with serious medical conditions that prevent them from working for long periods often have to look for new jobs or careers.
workers comp can offer some limited help with retraining needs
http://www.dir.ca.gov/dwc/rehab.html

rosietoes · 07-10-2009, 05:23 PM

I believe I am ok (for now) as far as FMLA goes since I have only been off work since 6/26.
Thanks....I'll check out those links.

1171 Wrote:the doctor is not a good source of information on disability systems. state disability as well as unemployment insurance are not based on an MRI reading or whether a disc has herniated or not. they rely on return to work decisions by physicians.
You should become familiar with FMLA rules as you are at the 12 week limit for job protection
http://www.dol.gov/esa/whd/fmla/
you may also wish to review ADA reasonable accommodation requirements
http://www.jan.wvu.edu/links/adalinks.htm

yes you are right to be concerned. those with serious medical conditions that prevent them from working for long periods often have to look for new jobs or careers.
workers comp can offer some limited help with retraining needs
http://www.dir.ca.gov/dwc/rehab.html

vickinat · 07-10-2009, 05:26 PM

I would also like to mention, you should call an W/C attorney and request a free consult (most 1st. ones are free). I would also do as 1171 suggested and look into FMLA, at least you will be protected against job loss for 12 weeks. Do you possibly have STD and/or LTD? Welcome to the forum, you'll get excellant advice here. Feel free to check out the fun side of the site on the "off topic" area.

rosietoes · 07-10-2009, 05:54 PM

Thanks.
I have both STD and LTD through work and applied today along with submitting a formal LOA request to cover FMLA (my manager said she had taken care of it but I feel better doing it myself.
I have a call out to any attorney waiting for a reply.

vickinat Wrote:I would also like to mention, you should call an W/C attorney and request a free consult (most 1st. ones are free). I would also do as 1171 suggested and look into FMLA, at least you will be protected against job loss for 12 weeks. Do you possibly have STD and/or LTD? Welcome to the forum, you'll get excellant advice here. Feel free to check out the fun side of the site on the "off topic" area.