I have been on work comp I just got an offer today at 1 and was told to report in on Monday 4 lt dty. Shouldn't my dr sign off?

Asked over 1 year ago - Fayetteville, NC

I have chronic lower back pain

Attorney answers (3)

  1. Jesse Sayre Shapiro


    Contributor Level 11


    Lawyers agree


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    Answered . The job must be "suitable" as defined by the NC Workers' Comp Act. That definition loosened up with the 2011changes to the law. If the job is within the restrictions your doctor has given, regardless of whether you get paid a lot less, then you likely will have to at least try to do the work. If it is less $, you should be compensated for what is called "partial wage loss". You should make sure that the Dr is aware of the job duties and has given the okay. You could also be entitled to a second opinion evaluation with a different physician.

    In terms of communication, the waters were muddied a bit again with the 2011 changes.

    You should seek the advice of counsel and get someone to help protect you and fight for your rights under the Act. Consultations are free and you should take that opportunity.

    Hiring an attorney is an important decision which should not be based solely on advertising. The information you... more
  2. John M Connell


    Contributor Level 18


    Lawyer agrees


    Answered . In colorado the doctor would have to agree to it before they offer it so its possible that they have talked to the dr behind your back and gotten them to agree. I would check with the drs office on monday if you are concerned you will not be able to handle it I would also show up if you don't get any answers. An workers compensation attorney in your state can indicate what the consequences might be.

  3. David J. McCormick

    Contributor Level 20

    Answered . First confirm with your doctor what you light duty restrictions are. Secondly, you may want to talk with a local worker's comp. attorney to see what your legal options/rights are.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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