Can a doctor release someone to go back to work after an injury without seeing them?
My mom injured her back at work. She has received numerous calls from her works insurance company, who they have workmans’ comp with, wanting her to return to work. The insurance lady faxed a release form to my mom’s doctor and the doctor signed it. My mom was previously given a doctors note stating that should couldn’t return to work before the 23rd and she has a doctors appointment with him on the 19th this month as well. Also, she hasn’t been cleared from physical therapy yet. Well, the doctor has already signed off on this release stating that my mom, who is 60 and now has a back injury, can return to work for four hours a day and may lift up to twenty lb. That’s a lot to lift! I didn’t think that the doctor could release her to return to work when he already gave her paper work to not return until after the 23rd. On top of that didn’t see my mom or speak to my mom before signing this paper. They want my mom back at work tonight.
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The answer to your question is “yes”. The doctor knows the extent of your mother’s injury and knows what she should be able to do at this time…….
He will, no doubt, totally release her on the 19th. Meanwhile, she must return to work on the schedule the doctor laid out or she will lose her insurance claim and can be fired.
Sounds to me like she was referred to this doc by her boss or his WC insurance company, and the doc is on the insurance co’s pay. She should see an atty immediately. Look in the phone book for attys that do WC. Only go to one that will take a portion of recovery. WC atty fees are regulated and they get only a portion of recovery.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
The physician may be basing the decision on reports given by the physical therapist. It’s not unusual to return to work under certain restrictions. Research shows that those who return to work quicker…even if on restrictions tend to get better faster and have a more complete recovery. Sometimes it’s hard to guess at first assessment how quickly someone will progress, and perhaps her performance in PT has demonstrated that she can return to work quicker than anticipated. However, I would question the physician as to how he/she came upon this decision.
WC is geared to a return to work as soon as possible. When your Dr
determines the condtion stable, or MMI, a evaluation to permenant
disability/impairment will be done, and the claim move toward
resolution. WC doesn’t not go on until you are returned to a pre
injury condition. Light duty or modified job with the employer is
always preferrable to continuing TTD. If there is continuing wage
loss, then TPD would be due if your state provides for those
benefits. IF she cannot perform the light duty assigment, she
should go immediately back to her Dr, and request a return to TTD
status. The restriction on on the employee, not the employer or the
job duties. She is responsible for maintaining her
restrictions…not her employer.
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