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What can I do after my work comp doctor releases me to work full duty after reports from PT and myself that I cant stand long

Long Beach, CA |

I have injured my back a few months ago. However the time that I went out of temp disability didnt occur until maybe after 20 days and I may have added injury to injury by continuing working. When I told my superisor about my injury she kept on delaying the paperwork until i finally couldnt perform my job. Four months later a negative Xray and a MRI that shows arthritis according to my W/C doctor, I am still having back problems which is now consistently in my lower and middle back and pains that go down my leg. I went from being able to walk and stand from 30 min to about past an hour and a half with PT. However my back pain occurs within 15 minutes to over an hour. My doctor kept hurrying me to go back to work despite my symptoms and has now cancelled PT and released me.

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Attorney answers 5

Best Answer

You need to at least attempt to return to work. If you go back to work and your symptoms increase to the point that you can't continue, let your supervisor know, then return to your doctor and let your doctor know what happened. If you don't have a good relationship with your doctor, consider changing to a new doctor. You do have that right.

You should also consider getting a free consultation with an experienced workers' comp attorney. You can find one on this site, or at, the organization for attorneys in California who represent injured workers.


You return to work, or you retain an Attorney to have you evaluated by a different doctor.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.



My job requires a lot of physical movements, walking and standing for long periods of time. My back pain occurs when I'm either standing or sitting. Pain also goes down my leg when I'm in pain. After that I can't do anything else for the rest of the day but rest my back. My claim adjustor isn't returning my calls. I am seeking for another medical evaluation but I know they said to go through the claims adjustor first. Or was i told wrong?


I agree with Mr. Batchelder - that is the course of action.


GET a QME to challenge the findings of the Treating PHysician... that treater is clearly a complete waste of time (and likely 'in bed' with the adjuster and is not going to write your injury has left you unable to perform this job).

YOU STAYED with that Jerk Treating Doc too long to change. Once the Treater declares you MMI, you're sort of 'married' to him... you can't go 'shopping' for a new treater for a new report.

ALL YOU GET NOW is a Qualified Medical Evaluator... and most of the docs popping up on the list are from a group in based in Fresno who magically find every hurt worker is magically healed and only has about 3% disability and can perform all regular duties, no matter what the injured worker reports as pain and inability to stand and lift.

SO IF YOU APPLY FOR THE QUALIFIED MEDICAL EVALUATOR not pick the doctor by yourself. If you pick another jerk, you'll get virtually nothing. Either have an experience comp attorney pick the QME from the list for you or carefully and thoroughly research which docs are 'in bed' with insurers and which are independent and truthful.


Sounds like your doctor may not be providing you with great care. You can switch doctors, get second opinions, or seek an evaluation from a qme. You re not stuck with the doctor your employer or insurance company sends you to. I would recommend that you get legal representation. A good attorney can refer you to a reputable and compassionate doctor.