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Can the employer force employee back to work? (long)

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MsEggy

Junior Member
State: Mass.

My husband is in a jam. He was injured in a fall at work October 31, 2006. He slipped on a piece of cardboard on the floor after walking down a flight of stairs, fell backwards, and struck his upper shoulder/neck area on a step. He filled out an incident report with his supervisor immediately and went to the ER 2 days later due to pain stooting down both arms & numbness in his fingers, where they took x-rays (they were negitive). They perscribed muscle relaxers & Vicodian and said to follow up with PCP if no better.

He went to his PCP 5 days after that because he was not any better. She said that it was probably muscle strain and ordered physical therapy and continue with muscle relaxers & ibuprofen. She also allowed him to return to work light duty with restrictions.

W/C agreed with PCP and approved 30 PT visits. He went 3 times a week for 5 weeks at which point physical therapy discharged him saying they were hurtting him more that they were helping and basically there was no point in his going there.

Returned to his PCP who sent him for a 2nd opinion & contiune with muscle relaxers & start percocet.
Dr for 2nd opinion (January 9, 2007) said just give it time, it will go away on it's own.

As we felt that his PCP was not taking his case seriously enough we changed PCP's.

Saw new PCP (JB) Jan 24, 2007. He ordered an MRI of the T & S spine (done Feb 4, 2007)
This showed no fracture or herniated disc.

Up until this time he had been continuing to work light duty, but as of Feb 21, 2007 the pain was such that he needed to be out of work completely.

As he was having increased pain now including muscle spasms in arm & legs, cramping in legs & feet, and low back pain JB ordered an EMG. (Feb 26, 2007) This showed evidence of bilateral moderate neuropathies at the wrist and a mild left C7 radiculopathy.

JB decided to send him to a wrist specialist. Between waiting for W/C to approve & getting an appointment he was seen on April 23, 2007 where he was given a cortisone injection in the right wrist which made the pain in that arm much worse.

At some point the percocet dose was increase and he was also perscribed Fentayl patches by JB (PCP).

W/C agreed to send him to a Neurosurgeon who he saw June 4, 2007. The neurosurgeon reviewed the case & tests and did not see any neurosurgical explanation to his pain.

W/C case manager set up an appointment with a spine & sport MD. His first visit with them was July 19, 2007. They suggested a rheumatology consult for joint aches, a nuerology consult and another EMG if muscle twitching continues or worsens.

W/C was unable to find a rheumatolgist willing to take a W/C case. Instead they set him up with a neurologist who couldn't see him until October 11, 2007. This MD agreed that my husband was in pain but could find no obvious etiology for it.

On November 6, 2007 W/C sent him for an Independent Medical Evaluation. This doctor reviewed all medical reports & tests, gave a less than through exam, and sent the employer a report stating that he saw significant improvement (this was the ONLY time we have ever seen this MD) and that my husband is able to return to work light duty. This doctor also said that there was nothing he could do to treat my husband and that his only job is to report his findings.

On November 8, 2007 we returned to the spine and sport doctor (case manager made the appiontment). After an in depth discussion, the doctor ordered epidural injections to help the C7 radiculopathy and once again suggested a rheumatology consult. He also stated that other than these suggestions, he sees nothing else that he has to offer to help with my husbands complaints of pain, spasms, cramps or numbness.

Yesterday November 15, 2007 the employer called to set up a meeting with my husband. He went to a meeting today between HR, the plant manager and himself. He was told that do to the report from the Independent Med Eval that he MUST return to work (light duty) on Monday November 19, 2007 or they would have no choice but to teminate him employment due to workers comp guidelines. They did agree to hire him back at a later date if he was fully recovered (at an entry level postion).

He has not worked at all since Febuary 21, 2007 and still has not been released to work in any cacapacity by any of his doctors other than the Independent who of course was hired by W/C.

We have been receiving weekly W/C checks for Temporary Total Incapacity Benefits.
We have received no addtional money other than them paying medical bills. We have not received anything for transportation costs.


My husband thinks that he needs to go back to work even though he is in horrible pain (7 or 8 out of 10 on the pain scale) because he's afraid that he will lose his job. He also feels that he is only at 35% of his pre-injury capacity.

I think that we need to find a lawyer.

What should we do now???
 


Hot Topic

Senior Member
You mentioned that you've received nothing for transportation costs. Is there some document that confirms a requirement to compensate you for those costs?

Who are you going to sue? The ER? The original PCP? The doctor who provided the second opinion? The new PCP? JB? The wrist specialist? The neurosurgeon? The spine and sport MD? The neurologist? The doctor who could only report his findings? The spine and sport doctor (again)?

Is it that you expect the company to make payments to your husband indefinitely?
 

MsEggy

Junior Member
The Commonwealth of Massachusetts dept of industrial accidents "Guide to Massachusetts Worker's Comp System" states that " You are entitled to adequate and reasonable medical care. You will also be paid mileage for travel to and from medical visits."

I feel that his employer should pay for loss of function. I've been requesting to the case manager that we should look into a pain management program, but they have never even entertained the idea.

He really is a hard working man how would never turn down an opportunity to work if he was capable of doing so. Sitting home waiting all this time just to feel better is killing him.

At the very least, I don't think he should be forced back without any of his doctors recomendations.
 

cbg

I'm a Northern Girl
You are in luck that you are in MA.

The employer has already provided far, far more time off that required under the law. The LONGEST that an employer is required to hold an employee's job, barring a state law that specifically says otherwise (and MA does not have one) is 12 weeks. He has exceeded that many times over. So it would not be illegal for his employer to term him if he cannot return to work.

However, since this was a work related injury, MA law requires that once he is medically cleared to return to work, the employer is required to give him preference for any open positions for which he is qualified. He is not required to create a new position for him, bump someone else out of their job, or give him a position for which he is not qualified. But for any position that is legitimately open and for which he meets the qualifications, the employer has to give him first crack at it.

It's not a guarantee of return to work, but it's a lot closer to it than most states have. MA is one of very few states that has such a law.
 

Hot Topic

Senior Member
If you sue the company, it's not only unlikely that you'll win based on what cbg posted, but you could ruin your husband's chances to return under good terms when something suitable becomes available.
 

cbg

I'm a Northern Girl
In about 9999 times out of 10,000, workers comp is the sole remedy anyway, not just in MA but in all states (possibly excluding Texas). You don't get to sue the employer. But it certainly can't hurt to have a lawyer to help negotiate any settlement, and eventually there will be a settlement.
 

MsEggy

Junior Member
Can he still get a settlement if he returns to work? I'm worried that he will not receive anything if he goes back.
 

cbg

I'm a Northern Girl
That's something you really need to take up with a workers compensation attorney. I don't have enough information about his condition, nor do I have the medical training, to tell you what kind of a settlement he can get under what circumstances.
 

EmilysDog

Junior Member
Can he still get a settlement if he returns to work? I'm worried that he will not receive anything if he goes back.


Get an attorney and in the mean time he needs to return to work or suffer the consequences. Yes he can receive permenant partial disability for any permanent functional loss he has suffered to his body even after returning to work. The attorney will get one of his doctors( which ever is appropirate and the PCP may not be) to assess a disability rating.
 

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