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Return from W/C full duty with persistent complaints

MJONESMJONES 9 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee with bi-lateral carpal tunnel. She received surgery, rehab over 6 month period and is now back to work full time. She is and has been persistently complaining of the pain related to her injury and the meds the W/C doctor has prescribed. Because the W/C doctor has returned her to full duty she is back to her regular job. The supervisor and co-workers are fed up with the constant complaining. Since she has been returned to full duty, would you make any other accommodations? Are there any ADA issues I need to be concerned with? Since she is saying she is still in pain should I send her back to W/C doctor? suggest she sees her own physician. Please help. She is a 40+, minority and has threatened lawsuits and discrimination.

Please help.......
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  • jujujuju 120 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 09-15-04 AT 10:21AM (CST)[/font][br][br]I would send her back to a doctor. It may not have to be the original WC doctor. I don't know about your state law, but in PA they can treat with a provider of their choice once 90 days has elapsed.

    Edit: I wouldn't FORCE her to go to the doctor, just make her aware that it is an option.
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  • Don DDon D 9,834 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 09-16-04 AT 07:58AM (CST)[/font][br][br]With the exception of threatening a lawsuit, I have exactly, precisely this same situation. EE was returned to restricted duty a month ago. Doctor's note brought in last week released her to full duty in three machining cells. Yesterday I was told that she had been seen crying and saying that her wrists were hurting. The supervisor asked if he should limit her duties and accommodate her further. I told him no, that the restrictions on that machine were lifted and we should follow the doctor's orders.

    If we go about a practice of deciding what physical restrictions are in order, and ignore doctor's notes, we're off on a slippery slope. I have known a doctor to say, "You did more harm than good by deciding how my patient should progress to recovery."

    She sees doctors regularly. I won't advise her to go see one.

    BTW, this is the patient/employee in the situation where two nurse/physical therapists from The Hand Clinic came and photographed and viewed all the relevant jobs so that proper recommendations could be made to the physicians.
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