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Can the IME report make you go back to work?
Anonymous4 views4 answers
I have been out of work with a back injury since late April. I have continued with Physical Therapy and will probably see a Chiropractor before moving on to spinal injections. My doctor released me to work with a 5lb weight restriction and no repetitive lifting, bending, twisting. My job told me they could not accomodate such restrictions. I went to the IME which disagreed with my doctor and said that I could return to work with no restrictions. Now my job is calling me and telling me that per the IME report that I have to return to work or I will be considered refusing work and will lose my comp benefits. I feel like I'm being bullied.....for instance, my first phone call was 7:30am this morning and I got 2 more by 10. Does my job have the right not to follow my work restrictions?
The IME cannot even make you get a shot if you refuse. All HE can do is make treatment recommendations and give his opinion on your condition. Unfortunately, everyone is most likely going to follow the opinion/advice of the IME. The carrier will use it to manage/terminate your benefits, and the Employer will use it to fire you if you choose not to return.
I believe this issue has to be settled by a Workers Comp Judge after a hearing. You should discuss this with your attorney or you should retain a comp lawyer if you don't have one.
You need a WC attorney to protect your interests. The IME's report allows
the employer to stop paying you TTD benefits.
Your attorney would also explain that you need to make more progress in
identifying what is wrong. For example, no WC carrier is going to let you
collect TTD for 3 months without getting an MRI and an orthopaedic consult.
You should already have exhausted conservative care. Absent herniated
discs, 4 months is entirely too long to be off work for back strain.
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Dear Madam or Sir in Malone:
You definitely need a workers' compensation attorney.
They cannot MAKE you return to work. However, they can argue to the Judge that you should not be paid workers' compensation payments. If your doctor disagrees, then testimony is taken from both doctors and the Judge decides.
Even while the testimony is being scheduled, if you are able to work as an R.N. in a lighter capacity somewhere, you are usually better off doing that since you will be paid more than the compensation payments would be. Make sure while you are doing light work that you continue to see your doctors and that they write reports that continue to say you cannot do the heavy work.
You can be entitled to 2/3 of the difference between your regular wages and your reduced earnings.
Good Luck
Leonard Feld
