Q: Can I voluntarily terminate employment at my current job while on Worker's Comp?
I am an RN (union) and after an injury at work, developed CRPS (Complex Regional Pain Syndrome) formerly known as RSD (Reflex Sympathetic Dystrophy) which is a progressive, chronic disorder. I am seeing the correct MD and getting the correct treatment, although incredibly slow because of the authorization process (which can impact the outcome of treatment for the disorder). I am receiving payment through my leave specialist but it is not enough and I would like to find another job (100% seated, as the CRPS is in my lower extremity, limiting my ability to walk). Right now I am on a "no work" status from my MD through workers comp. Will do this jeopardize my standing with workers comp and is there a chance I will end up in litigation over switching jobs in order to make more money than I am currently receiving?
Also, since my treatment is slow and may impact the outcome (whether I go into remission or not) would you recommend retaining a lawyer at this point?
A: You MAY terminate employment BUT that is the worst decision you would make in your claim (besides not having a lawyer yet when you obviously need one right now). When the QME or PTP doctor writes you can return to modified work and you have already quit, you get not one dime of temporary disability (the employer just claims it had a modified job for you but you quit). When the QME or the PTP write you have Permanent Work restrictions you do not get any Job Displacement Voucher because the employer just claims it had a special job for you, but you quit. Then when you find your new job, the Comp Insurer for your old job will sue your new employer claiming the new employment 'aggravated' the condition and contributed to the Permanent Disability, so your new employer will be furious with you. It is MUCH MUCH smarter instead to get the primary MPN doctor to find you are at Maximum Medical Improvement -- MMI -- FIRST, outlining each factor of permanent disability specifically. After you are MMI, and your current employer has no special job for you, THEN you can consider getting a new job. When you find a new job AFTER the treating doctor writes you have a certain level of Whole Person Impairment, the new employer won't have any responsibility for that (unless another doctor finds you have a lot more permanent disability later after working the new job).
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