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I hurt my knee a year ago this week at work. Ihave had 2 MRIs done, physical therapy and my FCE.

Dallas, GA |

the result of the FCE say I will always be light duty from now on. the Dr said until the pain was unbearable he wouldn't suggest surgery. They are going to release me permanent light duty. What do I need to do now????

I have had a 2nd opinion and received the same answers. I have worked light duty since this has happened. both my Drs were WC doctors and I had a WC case manager who went with me each time.

Attorney Answers 10

  1. We really need more information to answer you fully. Are you getting checks now? Are you working? Do you want a second opinion? Who is your doctor and do you want another doctor? Many things to consider. Assuming you are out of work and getting checks though, you don't have to do anything different just because you are released with permanent restrictions. You should really just call a lawyer though and go over things. It's free and you'll get advice more tailored to your situation.

  2. I suggest you contact a workers' comp attorney to discuss your options. If you are receiving weekly workers' comp checks and are no permanent light duty, you should still receive checks unless your employer has a job available within those restrictions. If you are back at work doing light duty, you are entitled to be paid to the extent the FCE showed a permanent partial disability % rating. (ppd) If you want to settle your claim, your employer may want a resignation from you.

  3. I am sorry you are having so much trouble with your knee. The most important issue is if your work is within your restrictions. If you can, you should continue doing your job to the best of your ability. If not, you may need to perform some modified work.
    Also, you should receive a PPD rating shortly. That rating will generate money for you that you can receive while you are working.

    Good luck.

  4. Permanent light duty is almost certainly going to translate to a permanent reduction in your earning capacity, if not being out-of work. You really need to be represented by an experienced Workers' Compensation attorney ASAP. Good luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

  5. I am assuming you have actually filed a worker's compensation claim and the doctor you are seeing is one of the panel doctors. If this is not the case, you need to get a claim filed before the year since the injury runs out, which means yesterday. If you have filed a claim, you really need to hire a worker's comp attorney. Depending on more detailed circumstances that what you have posted, you may want a second opinion about the surgery, you need advice about how to handle the work restrictions so that you don't give your employer a reason to get rid of you, you need to know if you have indeed reached your maximum medical improvement state whereby a disability rating can be calculated, you need to know how much your case is worth and if settling now is a good option for you and your future financial well being, etc. A lawyer with all of the facts can guide you through this process and will work for your best interests, and you will not have to come up with money to hire one. Call someone today.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL:, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  6. The way you asked the question, it sounds like you do not have an attorney. With the limited information you provided, it is clear that you really should consult one as soon as possible to understand your rights.

    Jaret Spevak
    (404) 355-2688

  7. You have gotten some excellent responses to this question already. Unless your employer has light duty available, if you are not yet working and you are receiving benefits, you should continue to receive weekly benefits. If you are already working on light duty, there may be no change in the situation at this point, unless your employer or their insurer wants to fire you, try to force you to quit, or try to settle the claim.

    You may want a second opinion from another doctor, if you are unsure about the question of having surgery or whether or not you need it. As things are, you will almost certainly be entitled to benefits for PPD based upon the fact that there is permanency.

    Settling your case could also be an option at this point, but given the possibility of surgery looming, that may or may not be in your best interests.

    There are many other facts about your situation that could impact what, if anything, you might want to do at this point, other than continue with things the way they are. It would really be wise to discuss all of this with a qualified workers' compensation attorney, who can gather the most important facts, and give you some more meaningful advice about what, if anything, you would want to do now. We offer free consultations for this purpose, of course, as do most attorneys who practice in this area.

  8. You need to pick up the phone and call a Georgia Workers' Compensation attorney. A lot more information is needed and depending upon the facts of your claim you may or may not have options moving forward.

    Call an attorney today.

    Good luck.


    This response is for general information only, no attorney client privilege has been established by this communication.

  9. You are at the place where many of my clients find themselves. Assuming you're out of work getting benefits, where you go from here depends on things such as what kind of work you did, how long you did it, and what your future re-employment options. You have a lot to think about.

    Here are some quick thoughts based on your question: First, any second opinion should be a doctor of your choosing, not a doctor the insurance company decided to send you to see. Second, we usually do not allow nurse case managers from working with our clients unless the claim is catastrophic, and they are the designated rehabilitation supplier on the case. This could be dangerous as these "nurse case managers" are paid by the insurance company and, often, work directly for the insurance company. You're under no obligation to keep them on-board.

    Finally, you should call a Georgia workers compensation attorney if you don't have one already.

  10. If you still cannot do the job position within your restrictions, then it is time to ask for a hearing and a change of condition to put you back on Temporary Total Disability Benefits. Visit our website for more information at