I'm been in workerks comp for only one month. Then the dr release me without x rays

Asked about 1 year ago - San Diego, CA

Hello. i was injured at my job when the patrol units broke down. I was force to patrol a shopping mall 3 times around per hour for 7 hours every day. This cause me in the left foot plantar faciitis and anckle on hillbone spur in the right foot. After one week i received treatmen with pilds, special boot for the right foot and orthopedic inserts. I took an x rays in mexico. But then at the hospital and dr i was assigned they never ordered an x rays to confirm the x rays from mexico. I was in modified work because i could not walk more than 2 hours without the pain coming back. Also i could not work onvernight shift because of sleeping disorders. After a follow up visit to the dr he release me that i can work normaly and i can't work more than 2 hours walking .

Additional information

The security company manager wants to force to work overnight shift staying is less work. But i do have sleeping disorders and coworkers started to mistreat me and also all the patrol units are now fix and the manager still wants to move me overnight. When i was hired i told her i can only work first and second shift not the 3rd shift. The manager told me technically she can move me to overnight without my consentment. The dr never sent me to take x rays from my feet to confirm my problems and release me without any restrictions now the manager is taking advantage of the situation. it looks like the dr and the manager wants to get rid of me . the dr did not took seriously my problem. also because of the pressure at work and the manager i have a lot of stress and depression and i have a psyquiatric appointment on oct 31st paid from my pocket.

Attorney answers (3)

  1. Daniel W Epperly

    Contributor Level 13

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    Best Answer
    chosen by asker

    Answered . I remember your facts from the last question you posted. It is possible for a doctor to order you not to work nights but that would require a finding of some sleep disorder. Whether or not allowing you to work a shift other than night shift is a reasonable accommodation is an employment law question that I’m not sure the answer to. It is possible you might lose your job if you cannot work nights even if it is for a medical reason.

    I think you risk losing your job if you refuse to work the night shifts. If the truly cause you problems, report the sleep disorder and perhaps a doctor will be able to help you.

    If you are still having problems with your feet, you should pick a different doctor of the Medical Provider Network. A San Diego attorney will know the doctors down there better than I would, but, if nobody else will take your case, I will help you out. If you have been unable to find an attorney in San Diego, you are welcome to call me Monday.

  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

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    Answered . None of your facts are relevant beyond the fact of your work-injury and you do not ask any question.

    The employer has no obligation t keep you employed and if you haven't figured out that you need to hire a WC attorney, you cannot be helped. The attorneys on this forum CANNOT solicit your business, but YOU can contact them and they would be pleased to represent you.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  3. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Answered . Didn't we already answer this question for you?

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