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.
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 (email@example.com) 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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.