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-   -   Modified duty, any choice in this? (https://www.neurotalk.org/layoffs-unemployment-and-worker-s-compensation/48313-modified-duty-choice.html)

diaba 06-20-2008 12:05 AM

Modified duty, any choice in this?
 
I work in healthcare, on wc 6 months, then temp disability few months. Have my qme exam in July. I did mod. duty when I was on wc, mainly office work. I'm concerned if the qme exam confirms my symptoms are work related(I also have MS)I will have to go back to doing office work. I know, not the end of the world. But I do have limited energy and hate to spend that doing something with no meaning to me.

My employer really doesn't seem to care what sort of work I might want to do. I feel like a puppet. do I have any say in this?

Thanks, diana

lefthanded 06-20-2008 04:12 AM

Worker's compensation is strictly looking at physical capabilities at this time, unless your claim carried an element of mental stressors, such as PTSD or some other disorder that arose out of the work injury. AS such, when it comes time to determine your physical capabilities on the job, your job of injury is evaluated first. If it is evident that you will be unable to complete the tasks or fulfill the essential functions of that job, then it is up to your physician (perhaps with the aid of a physical therapist) to describe your exact limitations or parameters. If your employer has a position which the doctor feels you could do, they have the right to offer it to you. If the pay is equivocal, then their responsibilities have been met. If you are not happy with that, then you are completely free to find another position within your restrictions that you would like to do.

However, if the job you desire, or the work you would rather be doing, exceeds permanent physical restrictions, leaving this job to do another job which essentially would violate your restrictions could jeopardize your claim. It is never a good idea to have it be known that you have been capable of more than you either said you could do, or tested that you were capable of, by openly exceeding restrictions. Even though I agree with you that a job should be something engaging and exciting, the boundaries shift when you have been injured on the job and covered by workers compensation. You may find your claim and your permanent restrictions being reevaluated, and could even find your disability being questioned.

The best you can do for yourself is to work to achieve a level of fitness that allows you to fulfill the requirements for the job you want.

Jomar 06-20-2008 01:12 PM

I went through something like that a few times.. for RSI related issues

My suggestion is to hang in there and keep working even the dullest job as long as you are able to. It may be only for a limited time while you recover to a better level or it may be months to years..

But it is much better to stay with your current company/employer- esp if you have some seniority, benefits and decent wages.

The employer can only find you work with in the bounds of the Drs restrictions.
You may be able to add certain types of input/suggestions to your Dr if there are certain things you know you could do without problems - up to a point..


That was a big confusing point at my place of work - between the HR lady & my Dr writing the modified notes - no one can cover all the bases of hand /arm use:( either it was too general or too restrictive..

the Silly part!
How are you supposed to drive to work & open the doors to get in if you have a "no arms use" note LOL {not to mention- go to the bathroom, eat, make your meals, get dressed LOL}

I guess that note was clarified to mean while "at work" i was limited to no arm use because the HR lady previously had me doing paper sorting and placing pages in an over stuffed binder- which went against the "no repetitive hand/arm use" note i also had previous "no griping, no pinching, no push /pull and weight limits" notes
we were trying to dial it in to find the right limits that would work best...

I did get to walk the parking lot as "security" for 2 months - glad they had some trees as it was in the 90s quite often. Got full wages tho so really can't complain - I think it was some sort of a test by wc & HR lady to see if I would do it or not..
or because my manger from the assembly dept was also manager of the maint/security dept - maybe he approved it for me. He & my supervisors helped as best they could for me - but once it went to the HR lady:(

she didn't understand how much we really use or upper body in assembly- all she knows it the written descriptions & the few times she came down to view the work areas.

Anyway after my book here:o
It is not easy at all to find another job while you are injured/recuperating and start at starting wages...

i wish I had realized more about how the system works :( and had talked to my manager before it got to the HR lady - manager probably would have "made " a doable job for me.. but I was a long time employee and knew manager and supervisors for 15 yrs.

But I had a chronic RSI/TOS thing - I don't know if your injury is something that you will recover fully from or not... but for now I suggest - stay where you are and make the best of it while you recover as best you can.. then see where you are at after all is done...


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