Moreno Valley, CA asked in Workers' Compensation for California

Q: I'm on light duty due to tendinitis. I was sent home after my productivity was criticized.

Do I need to return or would that hurt my case? Upper management isn't acknowledging the criticism or the further injury. I don't feel I can do the light duty position. The stress from my supervisor is one thing and the work is hard on my wrists.

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2 Lawyer Answers

A: You need to seriously think about a different treating physician; tendonitis is inflammation of the tendon. That's typically an overuse. So you went to a loser MD who found the tendon inflamed but -- since he's 'in bed' with the adjuster -- sent you right back to the duties that inflamed the tendon, so it will never, ever heal. AFTER you change to a REAL doctor on the insurer's MPN, then you need to seriously consider a new job. It's easier to find a job while you have a job. If you wait until a comp doctor writes that you can no longer perform these repetitive duties injuring that tendon, then you are unemployed, nobody is going to want you. But if you are currently employed just looking for better opportunities, you're 100% more attractive. Most physicians will write that if you return to the work that caused the tendonitis, the tendonitis will eventually return, so you can never perform this work again. No the employer has no obligation for find you a new job or train you for a new job. Yes the employer can just use up your joints and tendons, and when you can't do that work any longer, that employer can say 'sorry, no more work here for you' and you get Unemployment until you find something new. SO: (1) pick a real physician from the insurer's Medical Provider Network, one that has an actual private practice and is not a hack for the comp insurers and not a 'meatball' clinic full of 'physicians assistants', THEN (2) when your real doctor says he's going to release you in 2 months, apply for new jobs.

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A: Some injuries can be career ending events. Tendonitis could be depending on the type of work you do. If you believe you can not do the work assigned to you without causing further injury, you should return to the doctor to increase your restrictions and if the employer can not accommodate those restrictions they will send you home and you will be paid benefits ( if your claim is accepted ). If you believe your current doctor doesn't have your best interests at heart then you should request a change of treating physicians from the medical provider network if the employer has one.

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