Calif. WC, modified duty

[diaba]

Hi, been on WC for back/neck strain from patient care tasks for 3 months now. Have tried modified duty(paperwork, chart review) 3 times now which made my pain(neck especially)worse after just a few hours. Each time this resulted in the need for a couple more weeks off from the pain. MRI shows a few slight disc bulges in the neck.

Why do they keep sending back before my pain has stopped. Now I have to try again on Mon, and am fearing the same thing will happen again. To top it off, I have MS and each time the pain increases my MS symptoms act up. I guess my question is do I have to keep trying the mod. duty, can't I just wait til the pain stops? I don't have an atty, do I need one?

Thanks, Diana

[backless]

Each state has its own laws.In Fl.its all up to the treating Dr.In Fl.you would likely have been put on some medication like muscle relaxers,anti-inflamitory and a course of physical therepy.Some Dr's side with the Ins.Co's because they are paid by them.If your put on modified duty,your not out collecting a so called free check.You might ask the Dr.to give you a break from work with some conservative medications to give the neck time to heal,be sure to explain how your CURRENT duties are making your condition worse.I would caution using the MS condition.They may say its your disease that is causing you the pain and might look to let you go on the basis you can't do your job.W/C is not a nice program,its pro employer(they pay the premiums)and designed to get a hurt worker back to work ASAP,without the ability to sue the employer should thee have been negligence on the part of employer.They refer to it as a no fault program,using the excuse that should an employee get hurt due to own negligence,the employee still gets benefits.In reality,its so you cant sue,and you either get back to work,or replaced.Im not an atty.just a former W/C receipient that went through some crazy ordeals.

[diaba]

Thanks for your reply. This situation has been quite an education. you're right, it definately is geared to just getting the employee back to work even if it worsens symptoms. The MD has actually seemed annoyed with me when my symptoms got worse, go figure...

Take care, diana