Do not want to be permanently disabled

[joyfulgirl71]

What is the name of your state? Tennessee

I am writing this for my boyfriend in the hopes of getting to talk to someone who's been through something similar or some advice. About three weeks ago on a Wed evening, my boyfriend slipped on a chunk of ice in the freezer he works in (he picks up boxes in a freezer) and fell directly on his back. He requested an ambulance which came and took him to the ER. At the ER, the Dr. told him to take 2 steps to the door, which he did and was in obvious pain. The Dr. also took X-rays, but said they looked fine. The Dr. said he was to follow up with another Dr. in the morning and gave him some pain medication. The next day, he talked with his work and the advisor made a follow up appt. that day (Thurs), he went to it and the Dr. asked him to press down on his head with his hands. Dr. said he was fine and told him to go back to work that day on light duty. By this time, work had already started and he had taken his pain meds about an hour before. He went to work and stated that he was on pain medication and work told him he couldn't even do light duty on pain meds and asked why he took them if he knew he wasn't supposed to take them at work. He stated that the advisor was not a Dr. nor was his supervisor. He stated that the Dr. told him to take the meds and thats what he was doing. He was told to go home and call his advisor in the morning. OIn Friday morning, his advisor made another follow up appt. along with a physical therapy appt for Monday.

On Monday he went to a physical therapist and another Dr., who asked him to touch his toes. Again, the Dr. said he was fine to go back to work, but stated he wasn't really sure and refered him to an orthopedic specialist. He went the next day, got his records from the Dr. and proceeded to go to the specialist. However, there was a truck fire, so he ended up being a few minutes late to the appt and they told him that his case worker waited for him and decided to leave and they wouldn't see him without a caseworker....they didn't even tell him a caseworker would be accompanying him to the appt. That afternoon, he went to see a lawyer who stated that he needed to reschedule the ortho appt then talk to him after he sees that Dr.

The next day (Wed), his work called and stated that they were cancelling his w/c because of non-compliance because he was late to the appt.

This is where we are at. My boyfriend has injured his lower back to the point where if he is not constantly moving, he is in pain. No pain killer works very well on his pain, and no matter how he tries to explain the pain to the company Dr.'s, they all say he is fine - one even said to him that he needed to grow up and realize that he was going to have to work for a living.
He cannot go back to work, even on light duty because this means standing at a desk where there is no back support or they might give him a milkcrate. They refuse to pay short term disability because he has refused light duty. Well, we are the point where he will be forced to go back to work tomorrow due to money constraints.

I am calling our own Dr. tomorrow so that we can find out what has happened to his back. He is 28 years old and too young to walk like he is 80 because he is in so much pain. However, we are still at a loss as to how to go about proceeding with work. Due to money, he is forced to go back to work tomorrow, but we both feel as though his work should be held responsible. They even sent us an ambulance bill. Any help please???????????

 

[Beth3]

I suggest your boyfriend retain that W.C. attorney. Some of the issues you are asking about will be very specific to Tennessee W.C. reg's.

As far as "cancelling" his worker's comp because he was late to his appointment, no, they can't do that. They can likely suspend benefits until he keeps that appointment however.

An employer is not obligated to provide light duty work and it probably is inadvisable for your boyfriend to do his job while on pain medication. I'm confused though because I believe you stated the employer said they didn't have light duty work and won't allow him to work while on pain meds, but then you say they won't pay disability because he refused light duty? That doesn't make any sense.

In any event, I suggest your boyfriend talk to that attorney again and reschedule that doctor's appointment immediately.

 

[joyfulgirl71]

Clarity

Just to clarify about the pain meds...the ER Dr. gave him loritab and a muscle relaxer - flexaril. He took them until he saw the follow up Dr. on Thursday and he told my boyfriend to stop taking the pain meds and gave him a bottle of Naproxin (which is basically extra strength aleve) and said he was okay to go back to work on light duty. The only light duty that his work had to offer was standing at a desk for 14 to 20 hours a night when my boyfriend can barely stand at all and the Dr.'s are telling him it is all in his head.

 

[Beth3]

When a doctor tells an individual they can return to work on "light duty," documentation from the doctor should indicate exactly what is meant by light duty - how much standing, bending, lifting, etc. the person can do and any specific weight limits.

If the doctor's note merely said "no lifting," then presumably the work offered was within those restrictions. (Are you sure you mean to say that the job he was offered involved standing 14 - 20 hours A NIGHT? That makes no sense.) If your boyfriend is unable to stand, then he needs to go back to the doctor and get revised restrictions.

If the doctor has specifically authorized this type of work and your boyfriend refused to do it, then yes, I can see why the W.C. carrier isn't paying disability benefits. If your boyfriend doesn't believe he's getting adequate medical care, then he needs to see another doctor.

 

[joyfulgirl71]

An average week before my boyfriend became hurt was 52 to 60 hours. They are short staffed and losing people every day due to the company trying to weed out people who voted in the union before another vote comes up in September - I know that is illegal, but leave it to big corporations to find a way. But anyway, it is not unsual for my boyfriend to work 14 to 20 hours a night. There were times he was starting work at 5 pm and not getting off till 9 am. The Dr.'s orders stated that he was to do no lifting and could not stand for more than 2 hours at a time. His works solution was to give him a milk crate to sit on...Heck, he can't even sit on the couch and that has some support to it. We are seeing another Dr. this week and there is a back pain center in Nashville that I plan on calling as well. If it is a disc or muscular, an x-ray is not going to pick it up and personally, I think three different Dr.'s asking him to do three different things that don't really test lower back pain seems kinda flaky to me. Also, I forgot to mention that this similar thing happened a year ago where he hurt his lower back at work, the Dr. gave him medication that caused his stomach to bleed and was laid up for 3 weeks straight again with no w/c and no disability because he refused light duty.