Redwood, VA asked in Workers' Compensation and Employment Law for Virginia

Q: My Dr. Says no duty, The IME says lighty duty, im worried ill lose my job for not being able to stay all day.

Should i contact a lawyer and seek counsel?

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2 Lawyer Answers
Answered
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: This is a case where you need an attorney. Virginia has the treating physician rule. Normally, the treating doctor dictates work status. In your case the Defense Medical Examiner (DME) has said you can do light duty work. The insurer can decide to go with the DME. However, if your doctor is the treating doctor, then his or her opinion should govern. Again, that is why you need an attorney.

PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: If there is a dispute about your work status and wage benefits, you should consult an attorney.

Do not quit your job under any circumstances. If you are fired for medical reasons due to the work injury, your employer will still have to pay you.

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