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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?

Fayetteville, NC |

I have chronic lower back pain

Attorney Answers 3

Posted

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.

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Asker

Posted

I appreciate your comments! Thank you. I just think its odd I didn't get anything in writing but a phone call to say come in Monday. My lawyer didn't even know they had a job offer for me so I'm assuming my dr doesn't either! All if my duty status reports clearly say not suggested to return. She just gave me a permanent handicap application in Tuesday. I'm so confused and my lawyer doesn't seem to be much help. Everyone is scared of this case because it's with USPS

Jesse Sayre Shapiro

Jesse Sayre Shapiro

Posted

ahhh...USPS is a TOTALLY different ball game...federal comp is totally different from NC. if you have an atty. you should definitely set up a face to face meeting. You honestly should disregard my comments as I was thinking you had a state claim.

Asker

Posted

Omg wow now on totally confused and my lawyer is in a different state because no one would take on Usps.

Asker

Posted

I don't even know if I go in on Monday do I have to accept the offer that day or do I have time to consult with my dr

Jesse Sayre Shapiro

Jesse Sayre Shapiro

Posted

get in touch with your lawyer. As you are represented, I am really not allowed to provide advice. Federal Workers Comp has its own statute as compared to NC workers' comp and I don't practice in that area. Send emails, leave messages, be relentless and talk to your lawyer this weekend.

Asker

Posted

Thank you all for your responses! I appreciate what you have suggested to me! I know you can not give me legal advice however I appreciate you leading me in the right directions for help. Thank you

Posted

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.

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Asker

Posted

I contacted my lawyer and I apparently spoke to his "right arm" as the secretary put it..i'm guessing that another attorney in the firm. She basically seemed as if I was annoying her and told me I had to go and if I got re-injured doing the job to give her a call. O_o

Asker

Posted

also i was just seen by my dr on March 14th and she put in a referral for me to go see an orthopedic surgeon. So, now i'm confused as to how to I get treatment. They didn't pay for one of my bills now which is over $4000 and i'm still being billed for it.

Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

Thank you this is horrible no one local deals with Fed Work Comp! I guess if I can't decline and I don't have time to review or get back to my dr so she can approve I have to do it

David J. McCormick

David J. McCormick

Posted

For federal worker's comp. I would recommend Alan Shaprio 216-927-2030. I refer anyone with a federal wc claim to him. Good luck.

Asker

Posted

So now my doctor says that she does not recommend the duty that they have given me to do! In this case what do I do? My lawyer is not responsive

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