Q: I have been on WC since October for a back injury. I was referred to a Nuerosurgeon (it took me 2 months to see them) he
said I didnt need surgery to go back to the doctor who refered me they dont want to see me again. My employer called and said since Im not under a doctors care I am missing work and I shouldnt be. Should I get a lawyer. My condition hasnt changed at all.
A: Your work status depends on whether a treating physician has you on a "no work" or restricted duty status. If you have restrictions, your employer must accommodate them with suitable employment at the same rate of pay or else pay the differential. If you have been released to return to work, you need to go back and resume your position. If you are physically unable to do so, you need to request a hearing on the denial of treatment and should retain counsel.
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