who can release back to work? and more ??

[hubbyinjured]

hi new here

lots of questions....im in wa state....my hubby has a job injury....

has been under treatment with ortho/had surgery
been receiving time loss/loss of earning power after he was able to go back to work on light duty
job of injury terminated i week after injury claim
2nd income of self employed

first question

went to an IME-said able to do job of injury-hand wrote to refer back to treating MD for work release

IME report-2nd job-self employed-able to do job duties-did not say he was releasing hubby back to work

claim rep-closed claim-on IME report

at the time of the IME still under care of surgen who preformed surgery on hubbys shoulder-was on light duty with self employment-job of injury terminated a week after injury claim-
receiving loss of income benifits.
Treating MD had asked for an MRI to investigate aggervating pain, stiffness, etc of shoulder/neck, was receiving pt/massage

claim rep sent nothing to treating MD-
sent no IME report-
treating MD had no say in the close of the claim.
treating MD was not ask to release back to work

can the claim rep close claim?

thank you

[Still in Limbo]

They can if You let Them get Away with it!! My Opinion Only, You are Dealing with 2 Jobs and 2 Dr.'s, and it Sounds that One has Returned Your Husband Back to Work on a Light Duty Basis via the IME, which is the Ins. Co.'s Dr. but it Seems Your Husbands Treating Dr. has not Released Him Correct? If so You need and Attorney to Help You through this, in My State, Pa. the Only Dr. that can Release You to Work is the Treating Dr. of the Injured Worker, but They Constantly try and Close the Case Based on IME's if You don't Appeal and Ask for a Hearing to Review Medical Evidence! This is Time Sensitive, so You May want to Speak with an Attorney A.S.A.P.! Best of Luck!!

[hubbyinjured]

thank you still in Limbo

to answer your question: treating MD has hubby on light duty on both jobs....IME says no light duty no restrictions and can do all duties of both jobs.

hubby has only been working light duty on our own self employment job #2
job of injury, terminated him one week after claim, and does not have any light duty for him

hubby protested the IME report and closer of claim yesterday. this morning the claim rep put the order in *obeyance* sp? LOL

from what i understand the closer is on hold now.....claim rep approved the MRI that hubby's treating MD had asked for prior to the closer and is now waiting for results and chart notes to support hubby protest.

so now hubby needs to go in for the MRI and return for a follow up with treating MD oct 15th

does anyone know if since the order for close is in *obeyance* can hubby continue to receive loss of earning income, since at the time of close, treating MD had him on light duty and supported the loss of earning bennifits?

im thinking we need to protest the work release, and the stop of loss of earnings benifits, but thought maybe we should wait for the MRI and results and recomandations of the treating MD, and then if/when the close of the claim over turns and become active agian....then protest the loss of earning income ...hubby has 60 days to protest

what do you think?

[Still in Limbo]

That would be More or Less Your Call, but Before Fighting this, You should Contact the Ins. Co. and See if His Monetary Payments are going to Continue while awaiting the MRI Results. Sometimes it's Best to "Tread Lightly" with w/c Ins. Co.'s if They are Actually Listening to Your Concerns, and Acting on Them. If His Payments are going to Continue, I would Personally do Nothing until the Reading of the MRI Results, and what that Report is going to do to His Case. On the Other Hand, if They are taking His Benefits away from Him and ONLY Allowing the MRI, You May want to Fight for the Other Benefits, but I Think at this Point You don't have All of the Info,. to Make that Decision without a Call to the Ins. Co.! Best of Luck!!

[hubbyinjured]

Thanks again for answering

the claim is thru the state of washington *labor and industries* is that what you mean by contacting the issurance?

i think you are right about taking it one step at a time.....there is no rush....its better to wait and have the claim granted and remain open and then protest the loss of earning income....since hubby has 60 days....and we will know before then