Q: Qme does not specify restrictions are permanent. Recieved returns to work form from primary care. Employers won't accept

A: Workers compensation is complex as you are finding out. Everyone needs an experienced workers compensation attorney to guide them and assert your rights on your behalf. Sounds like you have been representing yourself. Call an experienced workers compensation attorney for a free consultation. It costs nothing to hire a good workers compensation attorney.

A: Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor Code 132a. Proving the mindset of a Human Resources manager is next to impossible; i've only been able to do it 3 times at trial in 33 years!! All the Human Resources manager need show is that you do not have the skill set required for the open post or that the Memorandum of Understanding (MOU) with your Union/Employee Organization precludes HR from placing you in that post, and the WCAB Judge rules that it's just business, not retaliation. HR cannot accept the 'primary' opinion because it has in hand a medical opinion from a specialist indicating you will get worse progressively if placed back in the pre-injury position and you can then sue them for Serious & Willful Misconduct of the Employer when you do get worse, as the QME predicts; if you are heart-set on this position, you would have to get a Supplemental Report from the QME where he writes he was mistaken, that you can return to full pre-injury duties with no restrictions. Absent the QME changing his mind and writing a supplemental report releasing you to full duty, your remedy is to find a new job ASAP that involves no bending or stooping.