Phoenix, AZ asked in Employment Law and Workers' Compensation for Arizona

Q: Workers Comp and returning to work. Im still in pain

Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id rather quit I know I cant do it for sure. Is there anything Id have to worry about if I just say I quit? I dont want to go back I can find a job doing easier work.

1 Lawyer Answer
Joel Friedman
Joel Friedman
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an actual 2nd opinion examination. The other factor is if your case is being closed by the IME report or if you remain under medical care with or without IME work restrictions

The best option actually is to report to work on Monday and do what you can without injuring yourself again or further. I can't say without more information what you should do when you report for work because again it depends on the nature of your injury, what the IME doctor actually said, what your doctor and the possible second opinion doctor said, and what kind of work you were doing when you were injured. I am not sure why you are confident you can find an easier job, and that also would be a consideration.

You can reach me tomorrow (Sunday, March 8) after 10:00 AM by email ( or telephone 602-540-6366. I will also be available Monday and Tuesday morning. I would suggest you probably should talk to an attorney tomorrow and not wait to the day you are supposed to report for work. Thank you

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