I am off work with a back injury. I received a certified letter from my employer telling me to come back to work on Tues although none of my doctors have cleared me to go back to work. I was seen by the comp companies doctor who lied and said there was nothing wrong with me. I am not ready to return,what should I do? I have a lawyer but cannot speak with him til monday.Don't I have to be cleared by my own doctors?
2007-04-14 12:37:42 · 3 answers · asked by Lori O 3 in Politics & Government ➔ Law & Ethics
I have 5 other doctors who say I was injured and I am currently in Physical therepy but will be done with that soon.
2007-04-14 12:51:53 · update #1
The correct answer depends on a number of issues:
-what state are you in?
-does the employer have a valid medical provider network?
-was the exam by the company doctor a Qualified Medical Exam (QME)?
-have you had an applicant QME?
-have you had or scheduled an Agreed Medical Examination?
Not knowing any of these things, my guess would be that the employer is relying on their one medical opinion and trying to act on it. They can do that, but it is unlikely that they will follow through with firing you if you don't show up. If they did, that would be an issue for the Workers' Comp Judge to look into. He or she may consider it retaliation and order a larger award.
The bottom line is you need to talk to your attorney ASAP!
2007-04-14 19:41:18 · answer #1 · answered by Scotty 4 · 0⤊ 0⤋
Quite frankly, you will have to appeal. You can indeed do so and have a legal right to appeal. However, if you take the time off and your appeal fails, then you will not be reimbursed for your time off. This is a very common problem and you should indeed see your attorney first thing Monday. Your own doctors cannot clear you unless you were referred to them by the Worker's Comp doctor. Listen closely to the advisement that your lawyer gives you and follow it to the letter. Also, do NOT answer any questions about your condition!!! People will try to phone you and ask you Qs. Do Not Answer. Just tell them you are either unable to answer or that you're not able to take the call, and HANG UP. Speak with YOUR lawyer only, unless and until he tells you otherwise.
2007-04-14 20:12:49 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
Nope! Under WC, other than for emergency care, you must see the doctors the company chooses.
You can appeal, but with back injuries, good luck! The co doctor lied. Can you prove it ???
2007-04-14 19:48:35 · answer #3 · answered by TedEx 7 · 0⤊ 1⤋