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Can my workers comp. stop paying because i need morning physical therapy appointments and they want me to go to afternoon.

Cleveland, TN |

I have scheduled all my appointments in the mornings due to me being in a knee immobilizer now workers comp has called my therapist telling them to change my appointments to afternoon or they wont pay ..also have asked if there is anything my therapist can do to make it so im not in pain when i leave therapy so i can return to work for the day . my job is giving me the days off twice a week for therapy already and it is better for me to do the therapy in the mornings before i put my brace on rather than going into therapy after having the brace on all day which causes my knee to become stiff.

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Attorney answers 3

Posted

This sounds like an unreasonable request and a dictation of medical care by the adjuster. If that were here there are things an attorney could do about it but each state is different in the way these are handled. I suggest that you see what the Ohio attys think and then may do a consultation with someone to determine if having an attorney would be helpful to you in your claim.

Asker

Posted

thank you I've planned on contacting an attorney here in TN just wasn't sure if it was something I should pursue.

Asker

Posted

seems to me like they are trying to get me back to work without the proper treatment

Posted

Your employer has a right schedule your care as they see fit and to do everything they can to get you back to work sooner so long as that is consistent with the desires of your medical provider. They are probably trying to eliminate the extra day off by scheduling the PT early in hopes that you will recover sufficiently to report to work the next day.

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: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

Asker

Posted

right, but they have scheduled me off for the days of physical therapy morning or afternoon due to the pain PT causes my knee. Im on sedentary work only so they schedule me off so not to over staff the office leaving me with nothing to do.

Asker

Posted

this is solely the adjusters decision to reschedule my appointments when my therapist is saying i need 24hrs out of my knee immobilizer after PT. doctors orders are wear the immobilizer while at work and my adjuster is asking me to go into work remove the brace and prop my foot up to recover from PT.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

Overstaff? What is the difference between having you do nothing at the office or do nothing at home? The prevailing rationale is to have you report to work as often as possible so as to discourage any more time off work than necessary.

Asker

Posted

Either way i work 5 days a week for 40 hrs and have 2 days off ..now my days off are the days i have therapy. my question is it OK for them to change my appointment when its more beneficial for my recovery to have my appointments in the morning so I have the proper recovery time my therapist has recommended.

Posted

Contact a workers compensation attorney around your area and ask if you can request your employer for a reasonable accommodation when it comes down to scheduling appointments.

Any post of discussion above is general in nature and is not intended to and should not be construed as legal advice. Furthermore, the above posting does not create or establish any attorney-client relationship. Contact an attorney as soon as possible to discuss your legal options. [John D. Wu is licensed to practice law before all California federal and state courts]