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I currently live in Southern California. I've been with my current employer since June 2004. In early Oct. 2004 I was promoted from Admin. Assist. to Executive Assistant and would take affect early Nov. Between that time I injured my lower back (at home, not on the job). I had to use all my sick time and vacation time and finally had to get on disabilty and have been on it since 10/21/04. Since I've been with my company for less than a year, I was told by the HR dept that they could only give me 30 days disability, in which time I had to get better or I would lose my job.
By last friday 10/29/04, nothing had been done to fix this problem. Being out of work is & will become a finacial burden (espcially w/ the holidays approaching) so I asked my physician if he could write me a release form returning to work. My doctor did not want to since I had not had my MRI done yet (was still waiting for approval from insurance @ this time), but did so anyway so long as I wore a back brace. Plus being an Admin. Assist, its not extreamly strenous to my back. However, on the release form my doctor stated I was to return with "light duties". When I faxed this to my employer, the called me stating that this was unacceptable, stating that since I did not injure myself on the job, returning to work with "light duties" did not apply to me and would not let me go to work.
I had my MRI done on 10/30/04, and today I seen the doctor. The MD stated I herinated 2 discs and I have a pinched nerve in my back, but signed yet another release form stating I could return to "regular duties" when I told him I was able to function when wearing my back brace. (I have also been referred to a neuro-surgeon.) Again, I faxed the 2nd release form from my doctor to my employer. Again, they said this was unacceptable. This time stating that my MD failed to state "return to regular duties WITHOUT restrictions." (Since I didnt have restrictions w/ my regular duties, this should be a given, in my view.) Still I am unable to return to work. HR told me they would take the release form I faxed them + a copy of their polices regarding injured employees & fax it to my MD. The idea is that the MD will review these documents, sign another release form for me and fax it to my employer, so I can return to work ASAP.
My employer works with individuals with spinal cord injuries; quadraplegic & paraplegic people. They have physical therapist on hand for these clients and HR told me when I do come back I have to see their physical therapists @ different times during my work schedule. My insurance has already approved me to go to physical therapy in my own community and dont see the need to do this @ my work. Again, they say its their own policy.
I have to go back to work because I have to support myself, so it is a finacial burden on me. I know this situation with my back will not resolve itself in the time they gave me, which is another reason I need to go back to work. I have to have money and medical insurance. I am clueless on employment laws and things of that nature, so I dont know if all these things are legal or not. Please help. Thank you.
By last friday 10/29/04, nothing had been done to fix this problem. Being out of work is & will become a finacial burden (espcially w/ the holidays approaching) so I asked my physician if he could write me a release form returning to work. My doctor did not want to since I had not had my MRI done yet (was still waiting for approval from insurance @ this time), but did so anyway so long as I wore a back brace. Plus being an Admin. Assist, its not extreamly strenous to my back. However, on the release form my doctor stated I was to return with "light duties". When I faxed this to my employer, the called me stating that this was unacceptable, stating that since I did not injure myself on the job, returning to work with "light duties" did not apply to me and would not let me go to work.
I had my MRI done on 10/30/04, and today I seen the doctor. The MD stated I herinated 2 discs and I have a pinched nerve in my back, but signed yet another release form stating I could return to "regular duties" when I told him I was able to function when wearing my back brace. (I have also been referred to a neuro-surgeon.) Again, I faxed the 2nd release form from my doctor to my employer. Again, they said this was unacceptable. This time stating that my MD failed to state "return to regular duties WITHOUT restrictions." (Since I didnt have restrictions w/ my regular duties, this should be a given, in my view.) Still I am unable to return to work. HR told me they would take the release form I faxed them + a copy of their polices regarding injured employees & fax it to my MD. The idea is that the MD will review these documents, sign another release form for me and fax it to my employer, so I can return to work ASAP.
My employer works with individuals with spinal cord injuries; quadraplegic & paraplegic people. They have physical therapist on hand for these clients and HR told me when I do come back I have to see their physical therapists @ different times during my work schedule. My insurance has already approved me to go to physical therapy in my own community and dont see the need to do this @ my work. Again, they say its their own policy.
I have to go back to work because I have to support myself, so it is a finacial burden on me. I know this situation with my back will not resolve itself in the time they gave me, which is another reason I need to go back to work. I have to have money and medical insurance. I am clueless on employment laws and things of that nature, so I dont know if all these things are legal or not. Please help. Thank you.