workmans comp questions

Previous | Next
 rated by 0 users
Latest post 11-12-2011 11:08 AM by blumagoo. 4 replies.
  • 11-10-2011 4:09 PM

    • blumagoo
      Consumer
    • Not Ranked
    • Joined on 11-10-2011
    • WA
    • Posts 3

    workmans comp questions

     I had a Physical Capacities Evaluation. At the conclusion of the PCE the evaluator disapproved the job of injury requiring constant keyboarding due to shoulder injury. Dr was sent the PCE,physical demands of the job and the reason for disapproval he concurred with the findings of the PCE.  My question are these now my permanent restrictions?  Dr was sent a letter from L n I in the letter it said a Job analysis was sent it was not.  It also asked if worker could return to job of injury dr answered yes but must consider the whole upper body limitations.  Well the whole upper body limitations were never considered and I was found employable with no restrictions.  My question is the constant keyboarding is still a requirement of my job the PCE says occasional to frequent what can I do?  Dr states he did not release me to work but L n I cut my time loss and that is that

    .

  • 11-11-2011 8:06 AM In reply to

    Re: workmans comp questions

    Dr's use the FEC/Functional Capacity Evaluation to determine what your permenant restrictions are when writing the final report at MMI/Maximum Medical Improvement and issuing a PD rating.

    What the PT/Dr administering the FCE says is not really relevant, generally these are PT/Physical Therapists who do the evaluation.

    If your Dr says you cannot return to your pre injury job, you should be eligible for VR/Vocational Rehab services.

    If you disagree with the Dr report...go back to your Dr, and get clarification. You may be seen by an IME/Independant Medical Evaluator.

    WC is full of litigation when there are disputed medical issues.  It  may be in your best interests to consult with a WC attorney. You may also need to file for a hearing in WC court for a judge to determine the issues.

  • 11-11-2011 12:26 PM In reply to

    • blumagoo
      Consumer
    • Not Ranked
    • Joined on 11-10-2011
    • WA
    • Posts 3

    Re: workmans comp questions

    I filed a protest with the Vocational Dispute Resolution Office.  This is not my first protest concerning approving a job beyond my physical abilities.  Dr did clarify he did not release me to JOI, but it did no good.  It's strange no time loss and dr will not sign unemployment paperwork as I am not released to go to work. Thank goodness for Social Security Diasbility

  • 11-12-2011 7:26 AM In reply to

    Re: workmans comp questions

    Looks like you are going to court.

    Where is your attorney in this?

     

    You said your FCE indicated you cannot return to your pre injury job, then you said there are restrictions, but you can go back if within those restrictions... now you are saying you are ''permenantly disabled" under SSA definition.

    Can't ESP your file here...you are going to have to get clarification from your Dr in a supplemental report, and file for a hearing in WC court.

    Your are not eligible for unemployment ins benefits, unless you are "ready willing and able to accept suitable employment if offered"...you said your Dr has not released you to return to work. Any type of work.

    Which is it here...?

  • 11-12-2011 11:08 AM In reply to

    • blumagoo
      Consumer
    • Not Ranked
    • Joined on 11-10-2011
    • WA
    • Posts 3

    Re: workmans comp questions

    My attorney? Well I do or did have one I asked him to withdraw from my case after he almost missed the deadline to protest my case with L N I.  I called him to ask if the protest had been sent in he had forgotten to do this he said and thanked me for reminding him.  The letter of protest identified the wrong shoulder it also had other wrong information in it. I think I could do better and I don't have to pay myself. 

     I have asked my Dr for a supplemental report on disapproving my job of injury .  I hope he will.

Page 1 of 1 (5 items) | RSS

My Community

Community Membership New Users: Search Community