workmans compensation

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Hi

I'm new to this forum and I have a question already.

I'm an RN and had full thickness tear of my rotator cuff repaired on 5/23/07. I work on a busy telemetry unit, which is where I tore it.

The hospital and insurance company have been great.

I have been doing good in therapy, but of course a long way from being healed. When I saw the surgeon 8/25/07 he would not even let me go back on light duty, said I was not ready. I see him on 9/27/07.

The hospital wants him to give them a guarantee that I can return to work by 11/4/07 with no restrictions. I don't think he will do this, but I'm not sure what to think. Of course if I can't return to work on this date they will be unable to keep me employed due to my restrictions.

Does anyone have any insight into this?

Thanks;)

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Specializes in DIALYSIS, ICU/CCU, ONCOLOGY, CORRECTIONS.

you would have to check your state's workmen copensation laws, but I don't believe your employer can terminate your employement while on workman' comp. Consult a workman's compensation lawyer in your area.

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Specializes in Medical/Legal.
Hi

I'm new to this forum and I have a question already.

I'm an RN and had full thickness tear of my rotator cuff repaired on 5/23/07. I work on a busy telemetry unit, which is where I tore it.

The hospital and insurance company have been great.

I have been doing good in therapy, but of course a long way from being healed. When I saw the surgeon 8/25/07 he would not even let me go back on light duty, said I was not ready. I see him on 9/27/07.

The hospital wants him to give them a guarantee that I can return to work by 11/4/07 with no restrictions. I don't think he will do this, but I'm not sure what to think. Of course if I can't return to work on this date they will be unable to keep me employed due to my restrictions.

Does anyone have any insight into this?

Thanks;)

If you live in California and your treating doctor indicates that you are unable to go back to your usual and customary occupation, you would be entitled to a job displacement voucher. Depending on the level of your permanent disability, it would be anywhere from $4000 to $10,000. The voucher can only be used in a return to work situation, i.e. training program, etc. When you go back to the doctor, find out if you will be able to return to your usual job duties and if so, when?

For more information on California workers' compensation, go to the following link: http://www.dir.ca.gov/dwc/dwc_home_page.htm

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Thanks for your information. Just a question though, they are asking him to give a answer in 2 weeks whether i will be able to return to full duty by 11/4. From your experience as a nurse do you think he will be agreeable to commit to an answer like that in 2 weeks. I mean basically what they want for him is to give a definate answer they I will return with no restrictions on 11/4

Thanks

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Specializes in Nursing Professional Development.

I am not a legal expert ... or an expert on orthopedic injuries, though I did have some small tears in my rotator cuff once. However, anyone who thinks he/she can predict your healing (or not healing) with any sort of guarantee is a fool. No one can be definite in their predictions of the future and no one can know how fast your body will mend. Pushing yourself to strengthen your muscles faster may cause re-injury. etc. etc. etc.

Investigate your legal rights and be prepared to defend them if necessary. That's the best you can do.

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thanks for your input. that's what i thought too. i don't think he is going to put his license on the line.

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