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Divest For Following A Work-compensation DoctorÂ’s Prescription

Workers Compensation Law Discussion

Divest For Following A Work-compensation DoctorÂ’s Prescription

Postby Armstrang » Fri Dec 02, 2016 4:32 am

I live and work in Missouri. I was at work when a shoddy cat-walk shifted causing me to injure my back. A doctor prescribed physical rehabilitation. When I told the doctor that I worked a 12 hour rotating shift(days & nights) he asked my employer to put me on the straight day shift for a few weeks so I could complete the rehab. My employer refused to put me on days but said that I could leave work, in the middle of my shift; to go complete my rehab and return to work after rehab. The company docked me for the time I spent at rehab and said I could come to work and make up the missed time on my day off. I did not make up the time. Then several months later the company put chargeable incidents on my record for going to the rehab that their work comp doctor prescribed. There is much more to this fiasco but I think I have taken enough space and the facts sufficient to garner a knowledgeable response to the following questions.
#1: Does this seem like antagonism to you? If so, isn’t there any jurisprudences that would keep an employer from acting with such hostility toward employees who have been injured at work? #2: Can my employer dock me for going to rehab as prescribed by their work-comp doctor?

#3:

If there isn’t any state laws that address this issue, are there any Federal protection for workers is this situation?

Thank you for your effort in helping me to understand my rights or the lack thereof.

[email protected]
Armstrang
 
Posts: 47
Joined: Sat Jan 11, 2014 7:53 pm

Divest For Following A Work-compensation DoctorÂ’s Prescription

Postby Rufford » Sun Dec 04, 2016 3:45 pm

I live and work in Missouri. I was at work when a shoddy cat-walk shifted causing me to injure my back. A doctor prescribed physical rehabilitation. When I told the doctor that I worked a 12 hour rotating shift(days & nights) he asked my employer to put me on the straight day shift for a few weeks so I could complete the rehab. My employer refused to put me on days but said that I could leave work, in the middle of my shift; to go complete my rehab and return to work after rehab. The company docked me for the time I spent at rehab and said I could come to work and make up the missed time on my day off. I did not make up the time. Then several months later the company put chargeable incidents on my record for going to the rehab that their work comp doctor prescribed. There is much more to this fiasco but I think I have taken enough space and the facts sufficient to garner a knowledgeable response to the following questions.
#1: Does this seem like antagonism to you? If so, isn’t there any jurisprudences that would keep an employer from acting with such hostility toward employees who have been injured at work? #2: Can my employer dock me for going to rehab as prescribed by their work-comp doctor?

#3:

If there isn’t any state laws that address this issue, are there any Federal protection for workers is this situation?

Thank you for your effort in helping me to understand my rights or the lack thereof.

[email protected]
Rufford
 
Posts: 51
Joined: Fri Jan 03, 2014 12:16 pm

Divest For Following A Work-compensation DoctorÂ’s Prescription

Postby Bartlett » Mon Dec 05, 2016 11:41 am

Hi Cameron, Dr. Settlement here--back to work after a LONG sickness.

Sorry to leave you with no help for the past week, but I have been out of the office with a nasty “double-ended” flu.  SCC’s own Morgan Jacobsen said that she wrote to you about it, with the offer to get an early response via my website, I hope my sickness did not cause you any inconvenience.  

I need to doubly apologize since apparently no one at allexperts.com knows anything about workers’ compensation claims and hence there is no one to help you.  I have never once even attempted to handle such a claim in all of my years of practice.  The rules are just too complex and the pay is not good unless the attorney has a ton of claims.  Hence, you will find that only about one percent of attorneys know anything at all about workers’ comp claims.  Sorry.

Anyway, I can at least give you some head starts on your research.  Without any idea of your state WC laws, it seems to me that you are acting reasonably and the employer is not.  I will answer your questions as asked, but only on the grounds that you do not hold me to the answers since the boss here does not want to cause any malpractice.

Read what I have put down, contact the claims administrator(see below), thence the Missouri dispute resolution administrator(see below).  For job accommodations regarding your temporary disability(inability to work a full shift) contact your U.S. Congressman’s office and ask for help with the federal law(see below).

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OK, Cameron, here we go.  

#1: Does this seem like antagonism to you? If so, isn’t there any jurisprudences that would keep an employer from acting with such hostility toward employees who have been injured at work? I DON’T AGREE THAT THIS IS ACTIONABLE HOSTILITY OR SUCH: it is just an employer trying to screw with its employees, plain and simple.  There is nothing stated that would give rise to a separate cause of action versus the employer.  However, the employer NEEDS TO PAY YOUR WAGES LOST TO MEDICAL CARE in my humble(but ignorant) opinion.   

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

#2: Can my employer dock me for going to rehab as prescribed by their work-comp doctor?

AGAIN, I AM NOT SURE, BUT IT DOES NOT SOUND REASONABLE.  THE LAW PROVIDES PROTECTIONS FOR INJURED WORKERS, AND GETTING MEDICAL HELP ORDERED BY THEIR DOCTOR SHOULD NOT COST THE WORKER, in my opinion.

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

#3:

If there isn’t any state laws that address this issue, are there any Federal protection for workers is this situation?

I am citing the Missouri statutes below.  See two parts:(1) the help line numbers, and(2) the FAQ page.  I am also including information on Federal laws as they might apply if you can contend that you have a temporary partial disability(cannot work full day, etc.).

As for Missouri WC, here is the process:

•   Call the claim adjuster at your employer's insurance company or the administrator if your employer is self-insured. Write down the date, time and adjuster's name for your records. Explain the problem and try to work it out. Many problems can be resolved with a telephone call.

•   If you cannot resolve the problem with a phone call, call the Missouri Division of Workers' Compensation's employee toll-free information line at 800-775-2667 to discuss your problem with an information specialist. The information specialist can provide information or refer you to someone who can provide assistance.

•   If a problem cannot be resolved you may wish to take advantage of the dispute management service provided by the Division of Workers' Compensation. This service is a voluntary informal process to assist the parties(employee and employer/insurer) reach a resolution to the problem. Dispute Management is designed to quickly resolve the problems involving medical treatment or temporary total disability.

Dispute Management Unit   

This unit is responsible for providing information and attempting to resolve disputes between employers and injured employees prior to a case escalating to formal litigation. Division information specialists receive approximately 2,500 telephone calls per month from employees with questions about workers' compensation. These calls are made on a special 800 number set up for employees only. The number is 1-800-775-COMP(2667). Referrals are made to the Dispute Management Unit when it appears that a dispute can be resolved at the early stages of a case by intervention from the Division. Written requests for mediation from injured workers also are received by the mediators to determine if any disputes can be resolved by telephone conferences, rather than a personal appearance at one of the adjudication offices.

FREQUENTLY ASKED QUESTIONS on Missouri WC law: http://www.dolir.mo.gov/wc/faq_employees.htm

OK, Cameron, here is the Federal law overlay for disability—be it even of a temporary nature.  

Americans With Disability Act(ADA) background on making reasonable accommodations for those with partial disabilities.http://www.eeoc.gov/facts/accommodation.html

Helpful examples from an attorney on reasonable accommodation http://www.ewin.com/articles/rsnabl.htm

Enforcement guidance for ADA reasonable accommodation  http://www.eeoc.gov/policy/docs/accommodation.html

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes, Dr. Settlement, J.D.(Juris Doctor) http://www.SettlementCentral.Com

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Doctor Settlement has been out all week with a vicious "going at both ends" flu, and he is not going to return until Monday, at the earliest.

He says is sorry he did not get to your question, but he is committed to answering you this weekend.

If you need any emergency help, write to him at our website, below, and put in the title "allexperts.com question".

One of us at the staff will answer you ASAP.  Otherwise, if you do nothing, Dr. Settlement will answer your personal injury insurance claim question this weekend.

Best wishes, Morgan Jacobsen, J.D.

www.settlementcentral.com
Bartlett
 
Posts: 36
Joined: Fri Jan 10, 2014 6:53 am


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