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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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I have a workers comp case fracture nose and other features

Customer Question

I have a workers comp case fracture nose and other facial features and been off of work was just released to return to work with restrictions even though I am ready,I told my doctor that she said then they will not pay you.My employer told me it is up to you when you want to come back to work but if you do not they will not pay you.IS this so and am I hurting my case.The other thing is with all these work restrictions would limiit me to office work but all my employer will not offer me that and my normal duties are lifting and all she can say just do what you can.But a former employee had the same restrictions and they gave her office work and down the road fired her. So me let me know will I hurt my case if I do not reported to work when I am suppose to and wait till Monday comes around
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Is this employer trying to work against me and misleading to do things that she is aware that I can not. do.If do not return to work when I am suppose and wait one day does this hurt my workers comp case where they will not honor my bills
Expert:  John replied 1 year ago.

It's true that if light work is offered to you and you do not accept it you will not get the wage replacement benefits. If they say just do what you can of your former position, then theoretically that is light duty. If you wish to challenge the doctor's finding that you are capable of working with restrictions, you'll have to file an appeal. Your choice here really is to go to work and try to do the job or start an appeal. They cannot offer you light duty, then terminate you for not working full duty, that would certainly be a violation of the law, and a reason to appeal.

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