Legal Question in Workers Comp in Maine

on feb. 2013 I slipped on some ice while carring a 28 foot ladder and landed on my tail bone. I was seeing my primary doctor for 1 month and the insurance company asked if I would be willing to get checked over by there doctor at concentra. I did so and I was impressed with how well they checked me over. they had me get an mri and I have an anular tear in my L5 disc and 3 other discs are bulging and some fasset dis. a crack in my tail bone and some possible nerve damage. I can not walk for much more than 50 feet or stand for more than 5 minutes before the burning pain is so bad I have to lie on my back for up to 30 minutes sometimes more before I can stand with out the burning pain. I am an satellite installer and the type of work I do is very physical. I have done this job for 21 years. my boss doesn't want me returning back to work until I am 100 % recovered so I can do my job dutys without possible reinjury. The insurance companys doctor says I can only do desk work for no more than 4 hours per day. I also have a vein insufisincy disease in my left leg that pevents me from sitting long periods of a time. my primary doctors has put me out of work until full recovery. can the insurance company force me to do desk work at less than 1/2 my regular pay even if My employer and Myself prefers I return when I can do my regular dutys.

Asked on 7/15/13, 5:55 am

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

This is an issue that might best be resolved by mediation. If your vein insufficiency has nothing to do with your fall, which I presume is the case, then the matter gets complicated. When you work while receiving workers compensation, if your pay is less than before the injury, then you still receive some workers compensation income, although it is adjusted to reflect your earned income. Please let me know if I can be of further assistance. Dave Marchese. Toll Free Statewide number 207-775-6042

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Answered on 7/15/13, 11:34 am

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