Q: Can your employer force you to cancel PT appointments that are required by a doctor through WC?
I have been on WC since November when I injured my shoulder at work. My light duty work was suspended when I had used up all of my pre-determined hours for light duty. However, two weeks ago, WC approved for an additional 30 days of light duty and I was forced back to work. My doctor through WC has given them notice that I need to refrain from any lifting and that I am only approved for light duty work. However, my employer is forcing me to go out onto trucks (I'm a CDL truck driver) and drive along with training drivers. Today, my employer forced me to cancel my PT appointment which had been scheduled through my WC doctor because they had more important things for me to do. Is it legal for them to do that?
A:
Your employer can require that you schedule medical treatment outside of working hours or not compensate you directly or through workers' compensation for the lost time. If the treatment is not available outside of working hours, you may be required to schedule the treatment to minimize lost time from work, or not be compensated for the lost time. Depending on your contract and FMLA status, it is also possible that you could be terminated for missed time to receive medical treatment, but if this happened you would have a strong claim for workers' compensation wage loss benefits.
There are several issues in your post that raise concern in regard to how the employer is handling your claim. If you have not already done so, I would suggest that you contact a local workers' compensation attorney to discuss the specifics of your injury.
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