Legal Question in Workers Comp in District of Columbia

force work return

i am an rn injuried my shoulder in a fall l nov 23 4:30 am work perm nights can i be forced back 1 to light duty another shift 2iwant to see a dr my chose 3 am still on a drug that makes me sleepy non narcotic still in PT the light duty will probably be paper pusher that is very stress for me as i am an bedside rn worked 30 yrs in an OR am 61 and heal a little slower thank you so much i see the nurse in employee health 1/4/08 .She told me I ould backoff the drug whih makes me sleepy. I feel this might help my emlpoyers bottom line but I,d be in pain


Asked on 1/01/08, 8:38 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: force work return

If your treating doctor releases you for light duty and there is such a position available through your employer, your temporary disability benefits will be cut off, so you will not have income unless you accept the position. If your doctor doesn't release you, but the health nurse or a doctor hired by the insurance company examines you and pronounces you fit for light duty, they will still cut you off, but you could ask for a hearing before the Office of Workers' Compensation and if they agree with your doctor, they will have to restore your benefits.

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Answered on 1/02/08, 9:23 am


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