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Update - Accident Waiting to Happen

Hunter1Hunter1 808 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
For those of you who read my earlier post concerning my employee with the diagnosed 'lumbar disc displacement', the employee has now received a TOTALLY unrestricted clearance to return to work from his surgeon (the guy who will do the surgery when the employee has insurance). The surgeon has signed off on the employee's job description which requires lifting up to 50#.

According to the employee, the surgeon says he 'may as well release him, his back is not going to get better until he has surgery'.

The employee is obviously not disabled; he has no restrictions! For some reason, however, he appears in obvious constant discomfort.

Any new suggestions?
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  • 3 Comments sorted by Votes Date Added
  • BalloonmanBalloonman 972 Posts
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    I have had that happen before with work related injuries. The doctor will release then no restrictions till surgery as no further harm can be done. Of course my concern with non work related issues are, can it be aggravated? If so it can become work related. However in this situation it sounds like it cannot get worse.
    My $0.02 worth!
    DJ The Balloonman
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  • lnelsonlnelson 670 Posts
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    I don't know I would still be hesitant to put this person back to work. Like Balloonman said, can it be aggravated by doing his job if so, I would not hire back.

    Seems fishy because he has no insurance, doctor waiting for insurance to kick in to do surgery.

    Could it be that the ee and doctor are stating no restrictions / return to full duty so he can have the surgury under your W/C instead of waiting until the fall to be put back on parents insurance.

    I am just alittle skeptical of this situation.

    Is it just me or what?

    Lisa
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  • Don DDon D 9,834 Posts
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    You really can't pay any attention to what the employee says the doctor says. We should totally discount that piece. I would send this guy to another physician of my choice before I would dare let him enter the worksite again. I think you said he is part time. This guy is going to cost you big bucks; it's just a matter of time (who sang that song?). If he's part time and an uninsured kid, you really don't need him anyway. And you DOUBLY don't need him with this series of red flags that should alert you to impending comp claims and liability. Jettison him yesterday, if not sooner.
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