What shouldI do ifI have been released back to work full-time duty by the companyy doctor but I’m not yet ready?

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What shouldI do ifI have been released back to work full-time duty by the companyy doctor but I’m not yet ready?

I was given a 5% impairment rating and I saw the company doctor who released me back to full duty, however, I am not yet able to do. So today I went to work and they wanted me to go back to my regular duty or take a 30 day personal leave.  So they put me in a position to have to take a 30 day leave. What should I do? What do you think about an ombudsman?

Asked on October 20, 2011 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There seems to be a disconnect between what your employer is wanting you to do and what your doctor says you can do.  A first step is really to talk to the doctor and get a clarification on what his recommendation is--- does he really think you can return to full duty.  Once he says that you can, you must return to work or take a leave at your own expense.  However, you do have the right to dispute the action by your employer.  The ombudsman is a good starting point.  They can review your case, give you general information, and even direct you in filing your own appeal.  If that does not resolve your situation, you may want to consult with an attorney that specializes in personal injury and worker's comp law.  Since the worker's comp laws changed several years ago, the number of lawyers who practice in this area have declined, but there are still many out there they handle the administrative end of these matters.  In the mean time, make sure that you complete the paperwork to perfect your leave of absence or to apply for FMLA so that your job will be in tact while you are working through these issues.


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