Q: I have been moved from 8 hours to 6 hours per my WC dr do I loose my accrued hours or do I loose pay?
I recently injured my shoulder and moved my WC care from the Provider my boss gave to me to another one that is covered by our WC insurance as the treatment plan was not working with the first provider as they stopped PT but my range of motion is still limited in the shoulder joint.. The new MD I am seeing has said that I need to rest my shoulder some as the same repeated motions all day are not helping me heal as well as prescribed other therapy treatments. Will I have to use my Sick and PTO time for the 2 hours I am not suppose to be working for? I have two kids and that 2 hours of pay will make a big difference in our take home pay for bills and food. I cant afford to blow through my PTO sick time as I will be having to file for FMLA for my son as he has health care needs that will force me to take time off for his dr apts.
A: Your Primary Treating Physician MUST put precise work restrictions with specific times in writing first, THEN YOU provide that writing to the insurer and employer with a demand for Temporary Partial Disability payment for the hours that you are to stop work, and include a deadline for that payment to be received (3 weeks is safe). IF you don't have the missing 10 hours of money in hand in 3 weeks you need a WCAB Case Number and a DOR for an expedited hearing...which is impossible for most people and why they go get an attorney. BUT NO you are NOT expected to use personal time off for hours the doctor advises not to work.
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