You don't mention actually filing a claim for your back injury. Has that been done yet? You probably need to check with your lawyer and make sure a claim for your back has been properly filed. In addition, you have almost certainly harmed your case by quitting. Did you run that by your lawyer first? If not, you need to tell your lawyer about that too, in the hope that the lawyer can salvage the damage you did to your case by quitting the job. Good luck to you.
This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.
Because you have an attorney you should contact your attorney to get the answer. Your attorney will probably request a panel to evaluate your back. The surgeon who performed the hernia repair is not a back doctor. So when he told you to go back to work, that was based upon the hernia only and not the back.
Please call your attorney and ask him/her to explain what is going on in your case.
YOU MESSED UP by not putting the BACK injury IN WRITING, and ONLY explaining about the back in chats and phoning. IF YOU DON'T PUT THE BODY PART IN WRITING you get nothing for it. THEN YOU MADE IT 100% WORSE BY QUITTING. now the attorney has a post-termination back claim...most post-termination claims are not compensible.
I hope you got a crackerjack attorney instead of the 'fight for you' TV people... you'll need someone well-versed in documenting post-termination claims and picking exactly the right MPN Physician to write the perfect report.
If the Panel QME doctor or the Medical Provider Network doctor write that you can perform any modified duty, you are NOT entitled to any temporary disability payments; the employer will claim modified duties would have been provided, but you quit. NOBODY IN THE MIDDLE OF A WORKERS COMPENSATION CLAIM SHOULD EVER QUIT.
Sign up to receive a 3-part series of useful information and advice about personal injury law.